TexasCHLforum.com

Team,
I have submitted my app with all the docs, here's the catch and why I'm freaking out. I was convicted of a felony when I was 19, 21 years ago it was a dumb drug charge I know and since I'm squeaky clean however I checked in on the status and I was told that I passed all the background checks including the FBI fingerprint background and I am all clean but since I self reported (I was honest) and even submitted the court dispositions the application has been handed over to a technician for what ever it is they do.
Does anyone know where to go from here? I have passed NIX checks. Any positive words from the team here?

Thanks

The only way, I guess, is to petition for record to be sealed, set aside, purged, nullified or whatever the legal process is called.

Beiruty wrote:The only way, I guess, is to petition for record to be sealed, set aside, purged, nullified or whatever the legal process is called.

That will be my next adventure. I'm hoping I can get this approved............

Thank you for replying

Not jumping on you. Incident is clearly long in the past, but you should really contact an attorney to help you resolve this matter. If you, in fact, have a felony conviction and purchased a firearm you would be committing another (federal) felony by buying and/or possessing a gun. Just because you pass NICS (sometimes) doesn't mean you are eligible to possess a firearm. If you look at the 4473 form that you fill out when buying, you have to state (under penalty of perjury) that you have never been convicted of a felony (or that it was pardoned, expunged, vacated, etc.).

So please be careful and work with an attorney.

ScottDLS wrote:Not jumping on you. Incident is clearly long in the past, but you should really contact an attorney to help you resolve this matter. If you, in fact, have a felony conviction and purchased a firearm you would be committing another (federal) felony by buying and/or possessing a gun. Just because you pass NICS (sometimes) doesn't mean you are eligible to possess a firearm. If you look at the 4473 form that you fill out when buying, you have to state (under penalty of perjury) that you have never been convicted of a felony (or that it was pardoned, expunged, vacated, etc.).

So please be careful and work with an attorney.

Also be careful about possibly confessing to crimes online without advice from your attorney.

Give DPS a chance to look at it and make a disposition. If denied - then look at options. However - getting a felony conviction expunged can be difficult depending on the underlying criminal act. I won't ask.

Not trying to start something here. From the infirmation you have indicated this is an example of why a convicted felon after total completion of sentence and a specified additional time with no additional charges, should be allowed to petition the court to have all or most of their rights reinstated. The way it is now , once a convicted felon, always a convicted felon.

couzin wrote:Give DPS a chance to look at it and make a disposition. If denied - then look at options. However - getting a felony conviction expunged can be difficult depending on the underlying criminal act. I won't ask.

Actually as an Adult you cannot get it expunged, you can try to go to pardons and parole board but its not likely to do anything except cost you money, certain felonies are eligible to have certain rights reinstated but not all felonies and not all rights, nor can you get misdemeanors expunged and the Pardons and Parole board will not entertain a request for a misdemeanor crime to be pardoned or commutated or anything to do with them. so sorry, but if DPS lets you pass you will be lucky, but as far as anything else if your denied your out of luck

Being 21 yrs ago should be fine I would think but I'm not totally sure. Friend of mine was convicted of felony possession even stated it on the forms you fill out to purchase a gun and the forms for CHL and no had issues at all with either. He actually got his CHL weeks before I got mine and we sent everything in at same time. It had been more than 7 yrs since it he had completed probation and everything, which was the only thing asked was how long ago since was completed with it. So is he actually breaking the law even though he was approved on everything?

You did the right thing by listing it. If you hadn't you would have been falsifying a government document. They were gonna see it on the background check anyway, so you would have to provide info.

Now, for eligibility, depending on what the charge was for, it is possible that today the same possession charge could be a misdemeanor. If so, then you would only be bound by the 5 year rule, so would be eligible.

At this point, you just need to wait for the DPS technician to make the determination and if denied look into other possibilities of getting it set aside or adjudication deferred.

If it was Deferred Adjudication over 10 years ago, you should be fine.

Otherwise, I'm guessing you've got a problem.

See GC §411.1711 for details

sjfcontrol wrote:If it was Deferred Adjudication over 10 years ago, you should be fine.

Otherwise, I'm guessing you've got a problem.

See GC §411.1711 for details

Not necessarily. Example, if the felony conviction was for possession of marijuana, then it may have been a felony at that time, but now the possession of the same amount may only be a misdemeanor. If so, then the law for what the penalty is now covers the offense. So, he may be eligible for a CHL in that manner.

See GC §411.172 (b-1) http://www.statutes.legis.state.tx.us/D ... GV.411.htm" onclick="window.open(this.href);return false;

(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at
the time of a person’s application for a license to carry a concealed handgun, the
offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this
state as a felony

Keith B wrote:

sjfcontrol wrote:If it was Deferred Adjudication over 10 years ago, you should be fine.

Otherwise, I'm guessing you've got a problem.

See GC §411.1711 for details

Not necessarily. Example, if the felony conviction was for possession of marijuana, then it may have been a felony at that time, but now the possession of the same amount may only be a misdemeanor. If so, then the law for what the penalty is now covers the offense. So, he may be eligible for a CHL in that manner.

See GC §411.172 (b-1) http://www.statutes.legis.state.tx.us/D ... GV.411.htm" onclick="window.open(this.href);return false;

(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at
the time of a person’s application for a license to carry a concealed handgun, the
offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this
state as a felony

You're right, of course! That would be an out, too.

Keith B wrote:

sjfcontrol wrote:If it was Deferred Adjudication over 10 years ago, you should be fine.

Otherwise, I'm guessing you've got a problem.

See GC §411.1711 for details

Not necessarily. Example, if the felony conviction was for possession of marijuana, then it may have been a felony at that time, but now the possession of the same amount may only be a misdemeanor. If so, then the law for what the penalty is now covers the offense. So, he may be eligible for a CHL in that manner.

See GC §411.172 (b-1) http://www.statutes.legis.state.tx.us/D ... GV.411.htm" onclick="window.open(this.href);return false;

(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at
the time of a person’s application for a license to carry a concealed handgun, the
offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this
state as a felony

I checked the status and it is currently under legal review. I believe the above is what they are looking at to make the determination. I checked TX current laws and if I'd of done now what I did over 20 years ago, it's no longer considered a felony. My charge was in MI. We shall see....... I think it has a good chance. Hoping anyhow.

It's been a while since this post. I thank all who replied. As of March 2016 I have been successful in obtaining a signed order by a judge to set the conviction aside. Done! Rights restored. It cost $1k to an attorney, trip to MI and less than 30 seconds in front of the judge.

LTC...... Coming soon.