About my eligibility to apply for a CHL

[93texan]

First of all, hello and thank you for reading my post. If this is in the wrong place I apologize, I'm not a lurker of this forum.
I decided to make an account because this seems like the best place to ask such a question:

I am a 22 year old native Texan, and have always owned firearms since I was able to shoot. When I was 19 I was placed on a deferred adjudication type of probation for B misdemeanor theft for 1 year. I was stupid, and it was entirely my fault. Fast forward to today: Not only did I complete my probation with flying colors 2 years ago, I recently (September) was granted by an order of non-disclosure by the same judge that is now in effect, making it legal and true for me to check "no" on any application that asks me if I have been convicted of any crimes. I understand that for all purposes, a deferred charge for theft B misdemeanor counts as a conviction when applying for a CHL, and the 5 year waiting period applies. However, I have been searching online and cannot find an answer as to whether or not it still applies after my record has been ordered not to be disclosed.

So in essence, my question is: Now that my record has been ordered to not be disclosed to the public, and I have "technically" never been convicted of a crime, do I still have to wait 5 years from the date I was released from probation, or can I start the process of applying for a CHL immediately?

Thank you for your responses in advance, I'm just trying to follow the laws to the letter about this, I am a responsible gun owner, always have been, and learned my lessons about theft long ago.

[RPBrown]

Even though it is deferred, it must be listed, 5 years waited, and certified copy of final disposition included

[ScottDLS]

First of all, hello and thank you for reading my post. If this is in the wrong place I apologize, I'm not a lurker of this forum.
I decided to make an account because this seems like the best place to ask such a question:

I am a 22 year old native Texan, and have always owned firearms since I was able to shoot. When I was 19 I was placed on a deferred adjudication type of probation for B misdemeanor theft for 1 year. I was stupid, and it was entirely my fault. Fast forward to today: Not only did I complete my probation with flying colors 2 years ago, I recently (September) was granted by an order of non-disclosure by the same judge that is now in effect, making it legal and true for me to check "no" on any application that asks me if I have been convicted of any crimes. I understand that for all purposes, a deferred charge for theft B misdemeanor counts as a conviction when applying for a CHL, and the 5 year waiting period applies. However, I have been searching online and cannot find an answer as to whether or not it still applies after my record has been ordered not to be disclosed.

So in essence, my question is: Now that my record has been ordered to not be disclosed to the public, and I have "technically" never been convicted of a crime, do I still have to wait 5 years from the date I was released from probation, or can I start the process of applying for a CHL immediately?

Thank you for your responses in advance, I'm just trying to follow the laws to the letter about this, I am a responsible gun owner, always have been, and learned my lessons about theft long ago.

I believe the order of non-disclosure is considered "sealing" the record, so while OP should list it on the app, it should not disqualify.

(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.

[casp625]

First of all, hello and thank you for reading my post. If this is in the wrong place I apologize, I'm not a lurker of this forum.
I decided to make an account because this seems like the best place to ask such a question:

I am a 22 year old native Texan, and have always owned firearms since I was able to shoot. When I was 19 I was placed on a deferred adjudication type of probation for B misdemeanor theft for 1 year. I was stupid, and it was entirely my fault. Fast forward to today: Not only did I complete my probation with flying colors 2 years ago, I recently (September) was granted by an order of non-disclosure by the same judge that is now in effect, making it legal and true for me to check "no" on any application that asks me if I have been convicted of any crimes. I understand that for all purposes, a deferred charge for theft B misdemeanor counts as a conviction when applying for a CHL, and the 5 year waiting period applies. However, I have been searching online and cannot find an answer as to whether or not it still applies after my record has been ordered not to be disclosed.

So in essence, my question is: Now that my record has been ordered to not be disclosed to the public, and I have "technically" never been convicted of a crime, do I still have to wait 5 years from the date I was released from probation, or can I start the process of applying for a CHL immediately?

Thank you for your responses in advance, I'm just trying to follow the laws to the letter about this, I am a responsible gun owner, always have been, and learned my lessons about theft long ago.

I believe the order of non-disclosure is considered "sealing" the record, so while OP should list it on the app, it should not disqualify.

(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.

[93texan]

I'm confused... I think I just got contradicting answers. So am I good to go? What happens if I apply but I still have to wait the full 5 years? Will I get into trouble for applying early and being denied? Will that cause me to have to wait even longer, or be disqualified for good if it is denied? I am so confused and can't find any straight forward information.

[longhorn86]

I did some further research on order of non-disclosure vs. sealing of records. Order of non-disclosure only prevents releasing of record to public, but criminal justice agencies still have access. Sealing of records actually removes the record from the criminal history database.

See info from DPS website https://www.txdps.state.tx.us/administr ... ecords.htm

Orders of Nondisclosure
Texas Government Code Section 411.081 allows an individual who has successfully completed deferred adjudication community supervision to petition the court that placed the individual on probation for an order of nondisclosure. An order of nondisclosure prohibits criminal justice agencies from disclosing to the public criminal history record information related to an offense.

Criminal history record information subject to an order of nondisclosure is excepted from required disclosure under the Public Information Act. Criminal justice agencies are permitted to release criminal history record information subject to an order of nondisclosure to criminal justice agencies, authorized noncriminal justice agencies and the individual who is the subject of the criminal history record information.

The CRS Legal Staff cannot assist individuals in petitioning the court for an order of nondisclosure. Individuals seeking an order of nondisclosure should seek the advice of a licensed attorney to determine if they are eligible for an order of nondisclosure.

Sealing of Juvenile Records
Family Code Section 58.003 provides for the sealing of juvenile records. An individual with juvenile records available for sealing may file an application for sealing of records in a juvenile court of the county in which the proceeding occurred. Juvenile records ordered sealed by the court are removed from the criminal history database. Individuals attempting to seal juvenile records should seek the advice of a licensed attorney to determine if they are eligible for an

You might want to reach out to Charles for an attorney's take on this, but from what I can infer from your OP, you would have to wait the 5 yrs to apply. And of course, you will have to list on the application and provide a copy of the disposition.

[WildBill]

Welcome to the forum 93texan.
I agree with ScottDLS.
I am not an instructor or an attorney, but I believe that you meet the eligibility requirements.
Since you have the order of non-disclosure, your arrest and conviction did not happen.
What I would do is get a copy of the court order and send it in with your application.
I am sure it will raise a flag or two, in the DPS legal department, but I believe you should be good to go.
Even if it is denied there is no penalty for applying.
Good luck.

[JP171]

Welcome to the forum 93texan.
I agree with ScottDLS.
I am not an instructor or an attorney, but I believe that you meet the eligibility requirements.
Since you have the order of non-disclosure, your arrest and conviction did not happen.
What I would do is get a copy of the court order and send it in with your application.
I am sure it will raise a flag or two, in the DPS legal department, but I believe you should be good to go.
Even if it is denied there is no penalty for applying.
Good luck.

umm yes there is, 140 given to the state for no good reason, that sounds like a bit of penalty to me

[WildBill]

Welcome to the forum 93texan.
I agree with ScottDLS.
I am not an instructor or an attorney, but I believe that you meet the eligibility requirements.
Since you have the order of non-disclosure, your arrest and conviction did not happen.
What I would do is get a copy of the court order and send it in with your application.
I am sure it will raise a flag or two, in the DPS legal department, but I believe you should be good to go.
Even if it is denied there is no penalty for applying.
Good luck.

umm yes there is, 140 given to the state for no good reason, that sounds like a bit of penalty to me

That's not a penalty. It's an application fee.