Genesis 25:27gwtrikenut wrote:I understand the lifetime disability of owning a firearm. But what if the state issues you a hunting license?
Am I Disqualified from CHL in Texas?
Moderators: carlson1, Charles L. Cotton
Re: Am I Disqualified from CHL in Texas?
Re: Am I Disqualified from CHL in Texas?
Getting and expunction on a felony conviction in Texas is not very likely as far as i can tell. That actually has to be done with the governor and if you look at the history of that happening, you will see that only literally a handful a year get that to happen.
On the other hand it might be possible to go back to the original court jurisdiction in which you were convicted and as the judge to "set aside" the conviction.
Look up Texas statute:Article 42.12. Section 20 and read it very carefully. Some lawyers errantly call this deferred adjudication. That is a whole nother statute.
If you can get the judge to set aside the conviction which is a lot more likely than actual expungement, the guilty plea can be withdrawn, the indictment dismissed, the conviction set aside and your right restored, except for a law on the books not allowing one to work in a nursing home or similar environment.
There was a specific "set aside" clause in the 2009 CHL law, best I remember. The State Attorney general even gave a favorable interpretation of "Set Aside" for this purpose. It is listed on his website if you wanted to wade through them.
There is also court precedence for "set aside" when people have been wrongly convicted of felony in possession, if you wanted to look this up.
I am not an attorney, but I CAN read on my own and my advice is to arm yourself with this knowledge first hand, before seeking legal help, because I have found that many attorneys aren't really up on this and other laws. If you hold it under their nose, they might more likely be able to help you.
If you do your homework you will see many attorneys barely graduated junior college before they test for the bar, even rural county DAs and city attorneys.
Be careful and good luck.
On the other hand it might be possible to go back to the original court jurisdiction in which you were convicted and as the judge to "set aside" the conviction.
Look up Texas statute:Article 42.12. Section 20 and read it very carefully. Some lawyers errantly call this deferred adjudication. That is a whole nother statute.
If you can get the judge to set aside the conviction which is a lot more likely than actual expungement, the guilty plea can be withdrawn, the indictment dismissed, the conviction set aside and your right restored, except for a law on the books not allowing one to work in a nursing home or similar environment.
There was a specific "set aside" clause in the 2009 CHL law, best I remember. The State Attorney general even gave a favorable interpretation of "Set Aside" for this purpose. It is listed on his website if you wanted to wade through them.
There is also court precedence for "set aside" when people have been wrongly convicted of felony in possession, if you wanted to look this up.
I am not an attorney, but I CAN read on my own and my advice is to arm yourself with this knowledge first hand, before seeking legal help, because I have found that many attorneys aren't really up on this and other laws. If you hold it under their nose, they might more likely be able to help you.
If you do your homework you will see many attorneys barely graduated junior college before they test for the bar, even rural county DAs and city attorneys.
Be careful and good luck.
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RX8er
- Senior Member
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Re: Am I Disqualified from CHL in Texas?
You're a little late, by about 18 months, in offering luck to this old thread.falcon549 wrote: Be careful and good luck.
On another note, welcome to the forums!!! Great place to hang out.
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If guns kill people, do pens misspell words?
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If guns kill people, do pens misspell words?
I like options: Sig Sauer | DPMS | Springfield Armory | Glock | Beretta
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redman
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Re: Am I Disqualified from CHL in Texas?
i wonder what did ever happen with the OP
Re: Am I Disqualified from CHL in Texas?
The OP has a total of 3 posts from August, 2011 until now. My guess is that he consulted an attorney who told him how much time and money would be involved to maybe get something done, and set the odds, and with that, he gave up. This is just another example of what happens when young people do stupid stuff.