Felony Deferred Question

[Kazelob]

Let me preface this by saying I know none of you are lawyers, and even if you are, I have not retained you for your services. This is purely for my education. I will be retaining a lawyer once I am ready move forward.

So, I am aware that since I completed my probation in 2014, I would need to wait until 2024 to apply for my LTC, which I plan to do should my current plan fail. I am gathering everything I need to submit for a Governor Pardon. Which once I have a meeting with the Judge who oversaw my case (hoping he will provide me with a character reference affidavit) I will finally be able to submit my application.

My question is, I have a few misdemeanors on my record, but when I pulled up my record from the DPS site, the only thing I see is my Felony Deferred case. Is there any other way to get a comprehensive background check quickly? Other than attempting to by a firearm? I called my local sheriff office, which is where my who criminal activity took place, but so far no luck with the clerks.

http://imgur.com/a/Akl4O The link is to my record that was pulled from the DPS site. I'm sure there is LEO's on this forum, so I am hoping to get them to weigh in before I go spend more money on a lawyer.

Thanks in advance!

[AJSully421]

Several things:

What was the actual amount of the theft? The numbers recently changed, so what was a SJF before, may be a Class A now.

Next, you will have to wait, the best thing to do is petition the court for an order of non disclosure. That will make you not have to wait 10 years... But you cannot petition until 5 years from your release date, so 2019.

Let me look at a couple things. Be back later, let me know about the amount.

[Charles L. Cotton]

In addition to the information AJSully421 gave you, the 10 year ineligibility period begins on the date of the judge approved the plea agreement, not when you completed probation. According to the documents you provided, that appears to be 9/4/2009 making you eligible 9/4/19 barring other disqualifications. I'm not familiar with that presentation, so make sure your record reflects that you successfully completed the terms of your deferred adjudication. The dismissal order signed by the judge should be sufficient. The reason I'm concerned is that when a Def. Adj. is successfully completed, the order usually indicates the indictment and plea of guilty are set aside.

As for a complete criminal history background check, you can go to the district clerk in the county where this occurred and have them do a certified background check. That will pick up all offenses submitted to the DPS. I'm not saying this is your intent, but if you are planning to use this information to determine what to disclose on your LTC application, you may want to rethink that plan. The application is very clear, you must disclose all arrests and convictions. Remember too that a successfully completed Def. Adj. is considered a "conviction" for LTC eligibility purposes. Failure to disclose even a non-disqualifying offense is grounds to deny the license. You may as well get a letter of "no record" for any misdemeanor you disclose, if no records are available, as DPS will want it/them.

Chas.

[Kazelob]

In addition to the information AJSully421 gave you, the 10 year ineligibility period begins on the date of the judge approved the plea agreement, not when you completed probation. According to the documents you provided, that appears to be 9/4/2009 making you eligible 9/4/19 barring other disqualifications. I'm not familiar with that presentation, so make sure your record reflects that you successfully completed the terms of your deferred adjudication. The dismissal order signed by the judge should be sufficient. The reason I'm concerned is that when a Def. Adj. is successfully completed, the order usually indicates the indictment and plea of guilty are set aside.

As for a complete criminal history background check, you can go to the district clerk in the county where this occurred and have them do a certified background check. That will pick up all offenses submitted to the DPS. I'm not saying this is your intent, but if you are planning to use this information to determine what to disclose on your LTC application, you may want to rethink that plan. The application is very clear, you must disclose all arrests and convictions. Remember too that a successfully completed Def. Adj. is considered a "conviction" for LTC eligibility purposes. Failure to disclose even a non-disqualifying offense is grounds to deny the license. You may as well get a letter of "no record" for any misdemeanor you disclose, if no records are available, as DPS will want it/them.

Chas.

Honesty is always the best policy. I did have a few Misdemeanors on my record, which is part of why I was asking about a more thorough background check. Tomorrow I will have to make a point to go to the courthouse.

Is this typically something they can print for me immediately? And who would be a good person to get in contact with (outside of a lawyer, money is a bit tight, but would definitely retain one once I get the first opportunity too, in a few weeks) once I have all the paperwork to ensure that my goals are not only doable, but reasonable?

My other question would be, based on what you see here, would I pass a NICS check? I am sure I would be denied the first time, but would I be able to successfully appeal? I have no violent crime issues, nor drugs or anything like that. Just a few thefts from a really dumb series of "pranks" myself and a few friends pulled when we were 17. I have grown and matured a lot since that time.

I do currently have a few rifles and shotguns as well as 2 handguns that my P.O. was aware of. Since I was on deferred I didn't have to get rid of and my ownership of them is legal. Been pulled over once with my deer rifle in the back seat without so much as a second look form the officer.

Several things:

What was the actual amount of the theft? The numbers recently changed, so what was a SJF before, may be a Class A now.

Next, you will have to wait, the best thing to do is petition the court for an order of non disclosure. That will make you not have to wait 10 years... But you cannot petition until 5 years from your release date, so 2019.

Let me look at a couple things. Be back later, let me know about the amount.

I would have to find my arraignment papers but I want to say on the lower end. It was an older golf-kart that we where joyriding around in. Long story there, being dumb kids. But, even so, if they changed the amount, would that actually affect my charge? Since it was a Felony when I was arrested?

[Keith B]

In addition to the information AJSully421 gave you, the 10 year ineligibility period begins on the date of the judge approved the plea agreement, not when you completed probation. According to the documents you provided, that appears to be 9/4/2009 making you eligible 9/4/19 barring other disqualifications. I'm not familiar with that presentation, so make sure your record reflects that you successfully completed the terms of your deferred adjudication. The dismissal order signed by the judge should be sufficient. The reason I'm concerned is that when a Def. Adj. is successfully completed, the order usually indicates the indictment and plea of guilty are set aside.

As for a complete criminal history background check, you can go to the district clerk in the county where this occurred and have them do a certified background check. That will pick up all offenses submitted to the DPS. I'm not saying this is your intent, but if you are planning to use this information to determine what to disclose on your LTC application, you may want to rethink that plan. The application is very clear, you must disclose all arrests and convictions. Remember too that a successfully completed Def. Adj. is considered a "conviction" for LTC eligibility purposes. Failure to disclose even a non-disqualifying offense is grounds to deny the license. You may as well get a letter of "no record" for any misdemeanor you disclose, if no records are available, as DPS will want it/them.

Chas.

Honesty is always the best policy. I did have a few Misdemeanors on my record, which is part of why I was asking about a more thorough background check. Tomorrow I will have to make a point to go to the courthouse.

Is this typically something they can print for me immediately? And who would be a good person to get in contact with (outside of a lawyer, money is a bit tight, but would definitely retain one once I get the first opportunity too, in a few weeks) once I have all the paperwork to ensure that my goals are not only doable, but reasonable?

My other question would be, based on what you see here, would I pass a NICS check? I am sure I would be denied the first time, but would I be able to successfully appeal? I have no violent crime issues, nor drugs or anything like that. Just a few thefts from a really dumb series of "pranks" myself and a few friends pulled when we were 17. I have grown and matured a lot since that time.

I do currently have a few rifles and shotguns as well as 2 handguns that my P.O. was aware of. Since I was on deferred I didn't have to get rid of and my ownership of them is legal. Been pulled over once with my deer rifle in the back seat without so much as a second look form the officer.

Several things:

What was the actual amount of the theft? The numbers recently changed, so what was a SJF before, may be a Class A now.

Next, you will have to wait, the best thing to do is petition the court for an order of non disclosure. That will make you not have to wait 10 years... But you cannot petition until 5 years from your release date, so 2019.

Let me look at a couple things. Be back later, let me know about the amount.

I would have to find my arraignment papers but I want to say on the lower end. It was an older golf-kart that we where joyriding around in. Long story there, being dumb kids. But, even so, if they changed the amount, would that actually affect my charge? Since it was a Felony when I was arrested?

State jail felony was raised to $2500 on the bottom end. $750 - $2500 is now a Class A Misdemeanor. So, if it was less than $2500 value, the charge would now be considered at the lower level for your wait time.

As for getting the status of the misdemeanors, you get those from the court clerk where the events took place.

[AJSully421]

Great question. There is a little-known section that even if the penalty was a felony at the time, if it has since been reduced to a Misdemeanor, then you are not treated as having a felony for the purposes of LTC eligibility.

Texas Government Code: 411.172 ss (b) and (b-1): pay special attention to (b-1).

(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a felony and confinement in a
jail other than a state jail felony facility is af xed as a possible punishment.

(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person’s application for a license to carry a handgun, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.

So, basically, the amounts for thefts changed since your conviction, and if your amount was a SJF ($1,500 - $20,000), but is now only a misdemeanor ($750 - $2,500) you can apply within 5 years (now), not 10. So, now you have $1,000 worth of leeway.

[Kazelob]

Would it still be reflected on my record as a felony, or would it be changed? The reason I ask is because that screenshot I posted in my original post was pulled within the last 2 weeks.

I'm assuming I will find out more tomorrow, when I go get a certified copy of my criminal record.

[AJSully421]

Would it still be reflected on my record as a felony, or would it be changed? The reason I ask is because that screenshot I posted in my original post was pulled within the last 2 weeks.

I'm assuming I will find out more tomorrow, when I go get a certified copy of my criminal record.

It would not change your actual charge, it will always be a felony because it was a felony at the time, but it does make a difference for LTC eligibility per section b-1. You will need to get a copy of your charging document. It will outline all of the elements of the charge, including the amount of the theft that you were charged with.

As a side note, did it take them almost a year to process you? That seems like a long time for a golf cart joy ride. I've seen murder cases take less time.

[Kazelob]

My Dad bonded me out, and retained me a lawyer. We went back and forth to court for a year, hoping to get charges dismissed or at least dropped to a Misdemeanor. During that time a new prosecutor took over the case and we lost all the traction we had gained. So unfortunately had to settle for a felony deferred sentence instead.

Learned a lot from that experience and made me hang up my "idiot hat" so to speak.

[AJSully421]

My Dad bonded me out, and retained me a lawyer. We went back and forth to court for a year, hoping to get charges dismissed or at least dropped to a Misdemeanor. During that time a new prosecutor took over the case and we lost all the traction we had gained. So unfortunately had to settle for a felony deferred sentence instead.

Learned a lot from that experience and made me hang up my "idiot hat" so to speak.

I hear ya. I had an overnighter for reckless driving and evading arrest. I was just driving fast through traffic so that my Papa John's didn't get cold before I got home... That pretty much ended my "young and dumb" phase. I got lucky and the charges were dropped.

I'm hoping your amount was under the new $2,500 limit and you can get going.

[Kazelob]

So quick update from a so far busy day.

Turns out that my P.O. never submitted my papers to formally dismiss my charges, or the court never received them. Either way, that's why my DPS online check shows guilty. I met with the P.O. Supervisor and we went through the paperwork, and I saw her personally hand them to the court officer who works out of that office and within 2 weeks I should be able to pick up my official certificate of completion which I will need to contest an NCIS purchase. Also, I will get my packet about submitting a Motion of Non-Disclosure.

Now, something she did mention is that will have to wait 5 years from receiving this until I can apply for the Motion. I specifically asked if thats 5 years from release (2014) or from time the Judge signs this form. She said she believes that it is from the time the judge signs this form. Does anyone know if that is the case here? Or could the argument be made that I was unaware of the fact that the paperwork had not been completed and that even though it was taken care of now, I should be able to count these last 2 years towards that 5 year minimum. Either way that is a couple years off.

Unfortunately I have to get DPS to mail me a certified copy of my criminal record, as the county clerks office no longer pulls those for people. I am told it will be both certified and notarized (not sure if there is a difference). I also asked about getting a report for this specific case, and explained why I wanted it. I was told that I cold not get access to that. Is there anywhere else I should go and try? I'm thinking maybe the Sheriffs office, but that's more of a drive than the courthouse and don't want to go their if it is a waste of a trip.

I also just want to say thank you guys, you rock!! My wife kept telling me just to go to a lawyer because she was afraid I was going to bashed and criticized but you guys have been amazing. Thanks for all the help and I can not wait until I get my DL with the LTC endorsement on it.

[Keith B]

So quick update from a so far busy day.

Turns out that my P.O. never submitted my papers to formally dismiss my charges, or the court never received them. Either way, that's why my DPS online check shows guilty. I met with the P.O. Supervisor and we went through the paperwork, and I saw her personally hand them to the court officer who works out of that office and within 2 weeks I should be able to pick up my official certificate of completion which I will need to contest an NCIS purchase. Also, I will get my packet about submitting a Motion of Non-Disclosure.

Now, something she did mention is that will have to wait 5 years from receiving this until I can apply for the Motion. I specifically asked if thats 5 years from release (2014) or from time the Judge signs this form. She said she believes that it is from the time the judge signs this form. Does anyone know if that is the case here? Or could the argument be made that I was unaware of the fact that the paperwork had not been completed and that even though it was taken care of now, I should be able to count these last 2 years towards that 5 year minimum. Either way that is a couple years off.

Unfortunately I have to get DPS to mail me a certified copy of my criminal record, as the county clerks office no longer pulls those for people. I am told it will be both certified and notarized (not sure if there is a difference). I also asked about getting a report for this specific case, and explained why I wanted it. I was told that I cold not get access to that. Is there anywhere else I should go and try? I'm thinking maybe the Sheriffs office, but that's more of a drive than the courthouse and don't want to go their if it is a waste of a trip.

I also just want to say thank you guys, you rock!! My wife kept telling me just to go to a lawyer because she was afraid I was going to bashed and criticized but you guys have been amazing. Thanks for all the help and I can not wait until I get my DL with the LTC endorsement on it.

The Prosecutors office or the Court Clerk for the county can pull your record. They have to provide it for you.

[Kazelob]

I didn't even think about the prosecuters office. Ill have to put a call into them.

By any chance, do you know what official name of these group of documents would be called? My first thought is case file.

[Keith B]

I didn't even think about the prosecuters office. Ill have to put a call into them.

By any chance, do you know what official name of these group of documents would be called? My first thought is case file.

It's just a record of your criminal history. if all the events occurred in that county, they should have a full list of them on your criminal record.

[Kazelob]

More in refrence to the individual felony deferred case.

Since the values of the charge have chaged, if the value isa under $2,500 it would be under the rule if a Misdemeanor A