CHL Question

[J3prod07]

Thinking of applying for a CHL in Texas.
Stats:

- Prior felony conviction over 20 years ago.

- Record has been sealed and;
letter from the court stating that they were "deleting" the records

Now:

- Clean NICS background check

- Clean Texas background check

- Clean Nevada background check

- Clean General FBI background check

- Clean mental health record

If I were to apply for a gun at a gun store, and it's approved, and my record is now clean, does this mean that the Texas CHL board would pass the CHL background check?

Read the exceprt from the Texas Penal Code. Does this not suggest that if you're record has been expunged, pardoned, sealed, etc... that you can obtain a CHL?


See below:


3. You must not have been convicted of a felony. A felony conviction makes an individual ineligible for a concealed handgun license. A person with deferred adjudication probation for a felony offense under Title 5 offense or a Chapter 29 Penal Code offense is still not eligible.
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 (effective Sept 1, 2009)
§ 411.1711 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 of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for an offense under Title 5, Penal Code, or Chapter 29, Penal Code Section 25.07, Penal Code or Section 30.02(c)(2) or (d) Penal Code. (See attached list)

[allisji]

It sounds like you have a strong case. I would recommend contacting someone at the TXDPS before submitting an application. (512) 424-7293

[Solaris]

Thinking of applying for a CHL in Texas.
Stats:

- Prior felony conviction over 20 years ago.

- Record has been sealed and;
letter from the court stating that they were "deleting" the records

In order to possess a gun under Federal Law, your conviction needs to have been "pardoned, set aside, or expunged". Sealed or deleted is not any of those. You need to be sure on this.

Your fingerprints will never be deleted from the FBI Criminal Master File, so when you apply, you will need documentation showing your conviction was "pardoned, set aside, or expunged".

[WildBill]

Thinking of applying for a CHL in Texas.
Stats:

- Prior felony conviction over 20 years ago.

- Record has been sealed and;
letter from the court stating that they were "deleting" the records

See below:

3. You must not have been convicted of a felony. A felony conviction makes an individual ineligible for a concealed handgun license. A person with deferred adjudication probation for a felony offense under Title 5 offense or a Chapter 29 Penal Code offense is still not eligible.
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 (effective Sept 1, 2009)

It appears to me that you are eligible. Make sure you have all of the documentation to send in with your application.

Welcome to the forum.

[J3prod07]

Fingerprints were sent into the FBI for the background check. They wrote back stating that there was no record.