Can I obtain a CHL with a Judical Clemency

[Nurse79]

I've read the discussions on deffered adjudication obtaining an CHL what about someone who received a judicial clemency? 15 years ago I was 16 an placed on adult straight probation for a felony theft. I didn't take deffered probation after it was explained that if I messed up I could the face max time in the slammer. The judge released me from probation early granted me the judicial clemency because I had cleaned up my act went to college became a nurse. I've purchased numerous firearms since first purchase was a issue no problems after that. I'd like to have a chl especially if I have a right to. Any info will be welcomed

[Charles L. Cotton]

If you have a "true" felony conviction, then you are not eligible for a CHL. A successfully completed deferred adjudication on a non-violent felony disqualifies a person for 10 years from the date of the "deal," not the end of probation.

I have no idea what "judicial clemency" is and I've never heard of it in Texas. Was this from another state? Apparently, you had the option to take deferred adjudication and chose not to do so. Therefore, my guess is that "judicial clemency" would not be considered a successfully completed deferred adjudication in Texas.

Chas.

[Nurse79]

The judicial clemency is from Texas I was told that it's a rare form of dismissal from probation that the judge has a final say wether the conviction stays final my paper work has all the goodies set aside, plea of guilt withdrawn, complaint dismissed, here by vacated, release from all penalties and disabilities. I do not have a conviction.

[mojo84]

Not to hijack the thread, if this is accurate, makes me wonder if judges have too much authority and leeway.

This attorney seems to specialize in such cases.
http://stevenclaryattorney.inapp.mobi/? ... r=true#0-j

More info on it.

http://www.higbeeassociates.com/current ... des-texas/

[AJSully421]

I am no expert, but if your paperwork says that you do not have a conviction, and are able to pass a NICS check, then it sounds like what you had will fall under the guidelines of Govt. Code 411.171 (4):

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

I also do not know what Judicial Clemency is... but if your paperwork uses the word "vacated", it sounds like something that is covered under Section (C).

I think you should get all of your documents together, apply, and see what happens.

[mojo84]

I am no expert, but if your paperwork says that you do not have a conviction, and are able to pass a NICS check, then it sounds like what you had will fall under the guidelines of Govt. Code 411.171 (4):

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

I also do not know what Judicial Clemency is... but if your paperwork uses the word "vacated", it sounds like something that is covered under Section (C).

I think you should get all of your documents together, apply, and see what happens.

Based on the links I posted, it appears "judicial clemency" may be a common or street name for "set aside".

[Charles L. Cotton]

The judicial clemency is from Texas I was told that it's a rare form of dismissal from probation that the judge has a final say wether the conviction stays final my paper work has all the goodies set aside, plea of guilt withdrawn, complaint dismissed, here by vacated, release from all penalties and disabilities. I do not have a conviction.

The portion of your description, i.e. "set aside, plea of guild withdrawn, complaint dismissed, hereby vacated . . ." certainly sounds like a successfully completed deferred adjudication, at least from the final order perspective. It could well be a "set-aside" that will also make you eligible for a CHL.

Chas.

[Charles L. Cotton]

Based on the link mojo84 provided, it appears that "judicial clemency" is another term for "set aside."

Chas.

[WildBill]

Here is another link that explains the process in detail http://www.voiceforthedefenseonline.com ... ticle-4212

It was written by the Texas Criminal Defense Lawyers Association.

If you can find a judge to sign the order, it seems that would a good way to go to get rid of a conviction.

[AJSully421]

I am no expert, but if your paperwork says that you do not have a conviction, and are able to pass a NICS check, then it sounds like what you had will fall under the guidelines of Govt. Code 411.171 (4):

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

I also do not know what Judicial Clemency is... but if your paperwork uses the word "vacated", it sounds like something that is covered under Section (C).

I think you should get all of your documents together, apply, and see what happens.

Based on the links I posted, it appears "judicial clemency" may be a common or street name for "set aside".

Good find there. Set aside is also under section (C) so it is looking better and better for him.

[lfinsr]

Not trying to hijack the OP question but it's hard to believe that this is the first discussion of "Set Aside" or "Judicial Clemency" that I've seen. I've been lurking on gun forums for many years and it's news to me. Have I just been asleep or is this new to everyone else also.

This is exactly what I was asking about here. While this seems a bit limited regarding the time frame in which it's a valid option, it's a start.

There are many, many upstanding citizens that made a mistake in their youth that also deserve another chance. I don't know what the criteria for restoring rights should be but it should be possible at some point in time.

Sorry, back to the original programming. OP, I wish you luck in your endeavor.

[Nurse79]

Thank you to all that responded to my post I will update on the success or failure in my endeavor to obtain a chl most likely by the end of November.