am i eligible?

[txmedic1]

For many years now, I've heard that a deferred adjudication for a aggravated assault charge will get a denial for a chl and firearm purchase. I recently heard that if the charge is more than 10 years old, that I am now eligible for the CHL. I've been doing some research, and I was recommended to search on this site, but again, its has not given a definitive answer. So here is the information,

Charged 07/1993
probation ordered 05/1995
probation terminated 05/1997

no arrests/charges since 05/1997. Also, my voting rights were revoked. Were they reinstated after probation?

[bloodhound13]

Lawyer. Call your local poling place and try to register as a voter, if it's still a "no", that should answer the rest of your questions.

[Keith B]

For many years now, I've heard that a deferred adjudication for a aggravated assault charge will get a denial for a chl and firearm purchase. I recently heard that if the charge is more than 10 years old, that I am now eligible for the CHL. I've been doing some research, and I was recommended to search on this site, but again, its has not given a definitive answer. So here is the information,

Charged 07/1993
probation ordered 05/1995
probation terminated 05/1997

no arrests/charges since 05/1997. Also, my voting rights were revoked. Were they reinstated after probation?

It depends on the actual charge. Some are permanently disqualifying. And the date is from the disposition date, not the date of the charge, so the 1995 date would be the start of your 10 years (it's over 10 anyway.)

If you don't want to post details in the forum you can drop me a PM and I can try to see if the charge would be a total disqualifier or not.

[apostate]

I believe deferred adjudication is not a conviction for firearm possession or purchase, once discharged. However, for Texas CHL purposes, deferred adjudication counts as a conviction for at least 10 years. Aggravated assault is under Title 5, Penal Code, so it's a permanent conviction for CHL eligibility (unless pardoned, et cetera.)

I'm not a lawyer and I'm certainly not your lawyer.

[jbarn]

I believe deferred adjudication is not a conviction for firearm possession or purchase, once discharged. However, for Texas CHL purposes, deferred adjudication counts as a conviction for at least 10 years. Aggravated assault is under Title 5, Penal Code, so it's a permanent conviction for CHL eligibility (unless pardoned, et cetera.)

I'm not a lawyer and I'm certainly not your lawyer.

You are correct. A felony aggravated assault deferred adjudication is a permanent dis-qualifier for a CHL

[txmedic1]

Lawyer. Call your local poling place and try to register as a voter, if it's still a "no", that should answer the rest of your questions.

actually, i wasn't very clear on this part, but i think it may be a glimmer of light regarding my eligibility. i clearly remember signing a paper saying that my voting rights were revoked, but then after my probation was finished, i started receiving voting cards in the mail. to my defense, i have not voted yet.

[JP171]

If you are a certified EMT in Texas and have a felony conviction you are also in violation of Texas Law. If you signed a voting rights termination you were convicted of a felony. I would lawyer up cause Texas State Department of Health Services may have to talk to you as well.

[FML]

If you are a certified EMT in Texas and have a felony conviction you are also in violation of Texas Law. If you signed a voting rights termination you were convicted of a felony. I would lawyer up cause Texas State Department of Health Services may have to talk to you as well.

411.1711 makes deferred adjudication for felony aggravated assault a conviction for CHL forever. Is it the same for EMT?

[Keith B]

If you are a certified EMT in Texas and have a felony conviction you are also in violation of Texas Law. If you signed a voting rights termination you were convicted of a felony. I would lawyer up cause Texas State Department of Health Services may have to talk to you as well.

Only certain felonies are disqualifiers, and it also may depend on when the license was issued and if a deferred adjudication was a disqualifier then.

[txmedic1]

If you are a certified EMT in Texas and have a felony conviction you are also in violation of Texas Law. If you signed a voting rights termination you were convicted of a felony. I would lawyer up cause Texas State Department of Health Services may have to talk to you as well.

I have been a Texas EMT-Paramedic since 1996. Every time i re-certify they have to an "investigation" because of the deferred adjudication. And every time, i get a new little card in the mail. i'm pretty sure TDSHS knows what they are doing, i'm not worried about them.

[txmedic1]

According to my lawyer, my case is discharged, dismissed, and sealed. So does this still disqualify me? If it does disqualify for CHL, does it disqualify me to purchase firearms (for hunting and home protection, etc).

[jmra]

According to my lawyer, my case is discharged, dismissed, and sealed. So does this still disqualify me? If it does disqualify for CHL, does it disqualify me to purchase firearms (for hunting and home protection, etc).

Did you happen to ask the lawyer that question?

[Charles L. Cotton]

According to my lawyer, my case is discharged, dismissed, and sealed. So does this still disqualify me? If it does disqualify for CHL, does it disqualify me to purchase firearms (for hunting and home protection, etc).

If it was truly sealed, then it will not disqualify you for a CHL.

Chas.

[txmedic1]

i did ask the "question" to my lawyer, who stated that "possession" is not illegal in my particular situation. but as with lawyers, thats all he would say. he is a criminal defense attorney, and is not 100% positive on the statutes concerning CHL. He did state that i could purchase from private parties if not from retailers, which i guess anyone can do, since private sales are not regulated.

[txmedic1]

According to my lawyer, my case is discharged, dismissed, and sealed. So does this still disqualify me? If it does disqualify for CHL, does it disqualify me to purchase firearms (for hunting and home protection, etc).

If it was truly sealed, then it will not disqualify you for a CHL.

Chas.

Thanks Charles, a "nondisclosure" and a "seal" is the same thing correct???