Deferred Adjudication and HB 1831

[JasonH]

When I was an idiot 17 year old I was given 7 years deferred adjudication for a felony fraud charge. I served out the time, etc etc, and am 29 now.

I've been doing some research and noticed on HB 1831 in section 411.1711 which was added in 2005 it says: CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by $ 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date unless the deferred adjudication was entered against the person for an offense under Title 5, Penal Code, or Chapter 29, Penal Code.

My offense wasn't a title 5 offense, so.. what does all of this mean, exactly? It has been more than ten years since my offense obviously.

Also, if I were to buy a gun it would do a federal check, right? So wouldn't it show up there and have me denied regardless? So I could have a CHL but I can't buy a gun?

Any help or advice is appreciated. Also, any contact info for Houston lawyers who handle this type of thing would be appreciated. I know I did something stupid as a 17 year old but I'd like to not wear the scarlet letter for the rest of my adult life if I can prevent it.

Thanks!

[Charles L. Cotton]

Succesfully completed deferred adjudication is not a "conviction" for NICS purposes. You should be fine for both NICS checks and for your CHL.

Chas.

[seamusTX]

Also, if I were to buy a gun it would do a federal check, right? So wouldn't it show up there and have me denied regardless? So I could have a CHL but I can't buy a gun?

That situation is impossible. One of the conditions for getting a CHL is that you are eligible to buy firearms under federal law.

- Jim

[JasonH]

Also, if I were to buy a gun it would do a federal check, right? So wouldn't it show up there and have me denied regardless? So I could have a CHL but I can't buy a gun?

That situation is impossible. One of the conditions for getting a CHL is that you are eligible to buy firearms under federal law.

- Jim

Right. I've been reading for three hours now all the law I can find and it seems exceptionally clear that as long as it has been ten years since I last saw a judge (which it has) and that I got deferred adjudication (which I did) then I am perfectly able to become certified in Texas as long as I provide official court documentation of the incidents. I have already contacted the county clerk and should have these documents in a week or two.

So THAT part is fine. I think I understand that and should be good to go.

The problem is going to be the NICS background check. I can seem to find absolutely no documentation on how the NICS treats deferred adjudication.

Has anybody had any experiences with the latter subject? All the googling in the world is showing me nothing in regards to how the NICS check treats deferred adjudication.

[JasonH]

Some updates:

I was given a phone number to a Texas CHL helpline by a CHL class instructor which was 800.224.5744 if anybody wants it.

The person at the helpline told me that I would need to:

1) Get certified court papers from the county that showed the details of the arrest and deferred adjudication.
2) Take the CHL course like normal and be completely honest on the forms and include the official documentation.

She said as long as I did this and it had been over ten years since judgement was handed down I would be fine.

She also said, in reference to the NICS check, that once I had a CHL I would "not even need to go through that check."

I have seen some conflicting reports of this, though, where people on this board have said even with a CHL they were checked.

I still have not seen anything that 100% states I'd be able to pass the NICS check. I can find no literature on this subject.

It also worries me that, technically, I could be charged by the feds for having a weapon even if I had a CHL because federal > state. At least that's my understanding.

Anyway, that's what I know for now. I'm going to go ahead and get the documentation and take the class and expect (hope?) to get cleared for the CHL. Once that happens I guess I'll just have to try to purchase a gun and see what happens. I'd really love to clear up those nagging questions, though.

[Greybeard]

Quote: "I'd really love to clear up those nagging questions, though."

Here are your answers:

"She said as long as I did this and it had been over ten years since judgement was handed down I would be fine.

She also said, in reference to the NICS check, that once I had a CHL I would "not even need to go through that check."

and

Quote: "Succesfully completed deferred adjudication is not a "conviction" for NICS purposes. You should be fine for both NICS checks and for your CHL. " When this guy talks here, people listen. As they say, "You're new here, huh?" Welcome, btw.

[JasonH]

Thank you greybeard.

I took my class yesterday at Carter's Country.

I just mailed off my paperwork which included certified copies of the above listed incident I got from the court last week.

*gulp*

Now I wait.

[stevie_d_64]

As they say, "Yer good to go."

Go grab a chair in the "Waiting room"...

[Longtooths]

Jason,

You also might want to look into getting an Order of Nondisclosure. It allows you the right to not reveal you past indiscretion to anyone. i.e. Job Apps etc. It will also remove it from the public eye like publicdata.com

[JasonH]

Jason,

You also might want to look into getting an Order of Nondisclosure. It allows you the right to not reveal you past indiscretion to anyone. i.e. Job Apps etc. It will also remove it from the public eye like publicdata.com

I do plan on doing this but my understanding is that I must wait five years after the completion of the deferred adjudication.

That gives me about 2 years to go.

It will be the first thing I do when I am eligible though.

[Mark G26]

Jason,

You also might want to look into getting an Order of Nondisclosure. It allows you the right to not reveal you past indiscretion to anyone. i.e. Job Apps etc. It will also remove it from the public eye like publicdata.com

How does one get an Order of Nondisclosure?

[JasonH]

Jason,

You also might want to look into getting an Order of Nondisclosure. It allows you the right to not reveal you past indiscretion to anyone. i.e. Job Apps etc. It will also remove it from the public eye like publicdata.com

How does one get an Order of Nondisclosure?

You would need to speak to an attorney.

You are eligible to file once five years have passed since you have successfully completed the deferred adjudication term.

[rm9792]

.

- Jim

Right. I've been reading for three hours now all the law I can find and it I have already contacted the county clerk and should have these documents in a week or two.

.

Are you in Houston court? I went down there and there was no line and it took me 10 minutes at a $1 a page. I went thru the ten year period myself. i have bought guns the whole time with NICS checks but had to wait for CHL. Made no sense but its over now.

[shipwreck]

I work as a probation officer - if U get deferred adjudication and complete it, U do not loose your firearm privileges here in Texas. While on DEFERRED probation, the federal law says U can continue to own weapons that U already have, but that you cannot purchase ammunition, firearms, etc. If you are on regular felony probation (with a conviction), then U are out of luck.

HOWEVER, that is the federal gun control act (which we give all probationers a copy of in our office). The Judge can put additional restrictions. So, even though the Feds say U could theoretically keep your guns, felony probations generally prohibit the possession of firearms in the conditions of probation.

The Judge is free to impose tougher standards, and U don't typically see felony probations that don't prohibit firearms (it's pretty much a standard FELONY condition all throughout Texas).