Denial Letter: Failed to qualify under eligibility criteria...Update 11/05/2018 Denial Reversed Received LTC!!!!

[elephant007]

Just received a letter indicating that I failed to qualify under eligibility criteria listed in Government Code § 411.172(a) more specifically § 411.172(a)(3). I successfully completed deferred adjudication disposition in September of 1996.
I though that § 411.1711 https://statutes.capitol.texas.gov/Docs ... tm#411.117 would give me the eligibility to be issued a permit.
Do I have good case to win an appeal based upon this code? I can provide more specifics if needed.

Any help would be grately appreciated.


**UPDATE 11/5/2018 Finally Received License After Long Process And No Appeal Hearing Needed**

Summary, had to get the State Representative's office involved to get DPS to communicate with me.
Sent supporting documents and DPS reversed the denial without me needing to go an appeal hearing.

DPS did not respond to several contact attempts from me so I got my State Representative's office involved twice before finally getting DPS to reverse the denial and issue the LTC.

[ScottDLS]

What was the felony DA for? Certain felonies even if cleared by DA are still bar to eligibility.

[elephant007]

Thank you for the rapid reply...
Charge was Theft of motor vehicle, my court document say Unauthorized use of motor vehicle

[ScottDLS]

Thank you for the rapid reply...
Charge was Theft of motor vehicle, my court document say Unauthorized use of motor vehicle

Looks to me like you’re qualified. Did you submit the successful completion paperwork for your Deferral? Maybe it showed up as an arrest without disposition so they assumed you were convicted. I also believe you may be able to get it expunged, but that shouldn’t really be necessary.

[bblhd672]

In what state did the felony unauthorized use occur?

[elephant007]

Thank you for the rapid reply...
Charge was Theft of motor vehicle, my court document say Unauthorized use of motor vehicle

Looks to me like you’re qualified. Did you submit the successful completion paperwork for your Deferral? Maybe it showed up as an arrest without disposition so they assumed you were convicted. I also believe you may be able to get it expunged, but that shouldn’t really be necessary.

Excellent! I did not provide this information initially, I did it all online and just provided my arrest record.
I will go to the County Courthouse tomorrow and get the required paperwork so I can have it when I have my hearing for appeal.

What do you recommend I get from the courthouse?

In what state did the felony unauthorized use occur?

The incident happend in Texas

[orangetx]

Be sure to get a notary signed document saying the DA have been served and you are released. If it’s a felony you need to go in person, if a misdemeanor they can email it to you.

That’s my story, I gave it all up front for the stream line reason. But I’m still on the wait list, so hopefully this weekend

[elephant007]

I still have not received my appeal date. I've called several times and left my number for a supervisor to call back and nothing. I've emailed a few times with no response.

I'm being patient.
I was told that DPS was waiting for a response from my county clerk and I went to my county clerk and they said that they haven't heard from anyone from DPS on my appeal, I was helped by a person who made several calls to all local entities that would be involved with the situation and nothing.

Does any one have information to help me out? Do I need to seek an attorney that could get the ball rolling faster? How long does it take to get an appeal hearing? Seems like there's a lot of feet dragging... I know I know, it's the government.

[WildRose]

I still have not received my appeal date. I've called several times and left my number for a supervisor to call back and nothing. I've emailed a few times with no response.

I'm being patient.
I was told that DPS was waiting for a response from my county clerk and I went to my county clerk and they said that they haven't heard from anyone from DPS on my appeal, I was helped by a person who made several calls to all local entities that would be involved with the situation and nothing.

Does any one have information to help me out? Do I need to seek an attorney that could get the ball rolling faster? How long does it take to get an appeal hearing? Seems like there's a lot of feet dragging... I know I know, it's the government.

Unfortunately that's probably your best option. When a lawyer is on the case they will at least take notice whereas if you keep trying this on your own it could go on for months, a year, or longer.

[mojo84]

I still have not received my appeal date. I've called several times and left my number for a supervisor to call back and nothing. I've emailed a few times with no response.

I'm being patient.
I was told that DPS was waiting for a response from my county clerk and I went to my county clerk and they said that they haven't heard from anyone from DPS on my appeal, I was helped by a person who made several calls to all local entities that would be involved with the situation and nothing.

Does any one have information to help me out? Do I need to seek an attorney that could get the ball rolling faster? How long does it take to get an appeal hearing? Seems like there's a lot of feet dragging... I know I know, it's the government.

I would contact my legislative rep before hiring an attorney. He/she may be able to prompt things along if the delay has been unreasonably long.

[Beiruty]

As far as I know a DA is considered a conviction for the purposes of obtaining a LTC/CHL.
Your best option is "to purge" the DA from your record. Hire an attorney or petition the court to restore your right for LTC/CHL.

[infoman]

You mentioned you had a felony deferred adjudication in Texas & the charge was unauthorized use of motor vehicle correct? What was the date you were given the deferred adjudication? (not date you completed it). & what County?

[elephant007]

First of all I want to thank everyone for their help and interest...

I contacted my State Representatives' office to see if they would be interested in helping me with my situation. I emailed them on Friday 10/12/2018 at about 9:30 AM. They sent me a reply around 9:40 AM asking for more information so I provided them that information around 8:30 PM Friday night and receive another reply at 10:30 PM indicating they would work on the issue for me first thing Monday morning.

Well today 10/15/2018 at 3:10 PM I received a phone call from Texas Department of Public Safety Office of Regulatory Counsel. A supervisor who said within the first sentences that she was contacted by State Representitive Stan Lambert's office.

We had a pleasant conversation and she said to me that if she's satisfied with why I believe I was wrongfully denied and that they were the ones that made the error, she can reverse the denial without needing to have an appeal hearing.

She asked that I send her my paperwork from my criminal case, the court documents, she will review them and determine if there was an oversight on their behalf that led to my denial. So I emailed the documents and hope to hear from them within the next few days.

Thank you mojo84 for your wonderful suggestion!

Infoman:
I was given the deferred adjudication on March 1, 1993 in Taylor County Texas for the charge of Unauthorized Use of Motor Vehicle

[mojo84]

First of all I want to thank everyone for their help and interest...

I contacted my State Representatives' office to see if they would be interested in helping me with my situation. I emailed them on Friday 10/12/2018 at about 9:30 AM. They sent me a reply around 9:40 AM asking for more information so I provided them that information around 8:30 PM Friday night and receive another reply at 10:30 PM indicating they would work on the issue for me first thing Monday morning.

Well today 10/15/2018 at 3:10 PM I received a phone call from Texas Department of Public Safety Office of Regulatory Counsel. A supervisor who said within the first sentences that she was contacted by State Representitive Stan Lambert's office.

We had a pleasant conversation and she said to me that if she's satisfied with why I believe I was wrongfully denied and that they were the ones that made the error, she can reverse the denial without needing to have an appeal hearing.

She asked that I send her my paperwork from my criminal case, the court documents, she will review them and determine if there was an oversight on their behalf that led to my denial. So I emailed the documents and hope to hear from them within the next few days.

Thank you mojo84 for your wonderful suggestion!

Infoman:
I was given the deferred adjudication on March 1, 1993 in Taylor County Texas for the charge of Unauthorized Use of Motor Vehicle

Good luck. Hope it works out for you.

[ScottDLS]

As far as I know a DA is considered a conviction for the purposes of obtaining a LTC/CHL.
Your best option is "to purge" the DA from your record. Hire an attorney or petition the court to restore your right for LTC/CHL.

A completed Felony DA is only counted as a conviction for 10 years for LTC purposes.