Page 2 of 3
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 6:49 pm
by almostfree
Yes, you are correct. For the purposes of the CHL law, it is counted as a conviction. I acknowledged as much in my previous posts. For everything else, it is not. My insistence that it is not a conviction specifically was related to being able to possess a firearm under federal and state law. A person who has successfully completed felony deferred adjudication is not barred from owning or buying firearms. They are not a prohibited person under federal law. When asked on a 4473 if convicted of a felony, a person that has completed deferred adjudication may answer "no" truthfully.
They are also not convicted of a felony in the eyes of the state and federal government for purposes other than a CHL. As such, they would be eligible for CHLs in several other states with which Texas has reciprocity. So my statement stands, they are not convicted felons, no matter what the CHL laws say. Unfortunately this conflict in language between the CHL laws and the letter and intent of the rest of the criminal code makes this issue somewhat confusing. It is the intent of deferred adjudication that a person is not convicted and does not have the disabilities that go along with the conviction, but then CHL code says and does exactly the opposite.
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 7:19 pm
by baldeagle
At the risk of seeming pedantic, a deferred adjudication
is a conviction under Texas law
unless the adjudicant has successfully completed the terms of the deferred adjudication agreement. If you do not, the judge can adjudicate you guilty and you
will have a conviction on your record. Furthermore, the deferred adjudication will remain on your record unless you affirmatively take action to have it legally removed from your record via expunction. Although it would not be a conviction (if successfully completed), it could still work against you in cases of prospective employment, attempts to find housing or to conduct business (e.g. obtaining loans). Anyone who has received deferred adjudication and successfully completed its terms should contact a lawyer and engage in the process of expunction.
http://www.texasfreshstart.com/" onclick="window.open(this.href);return false;
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 7:47 pm
by USA1
baldeagle wrote:the deferred adjudication will remain on your record unless you affirmatively take action to have it legally removed from your record via expunction. Although it would not be a conviction (if successfully completed), it could still work against you in cases of prospective employment, attempts to find housing or to conduct business (e.g. obtaining loans).
baldeagle, I'm not so sure I agree with this statement.
Having successfully completed the terms of a felony deferred adjudication myself from way back, it has been my understanding that it does not go onto my record. I understand that it must be disclosed for the purpose of applying for a CHL but other standard background investigations should not reveal this information.
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 8:06 pm
by almostfree
It will appear on your record as an arrest and it will often show that the charges have dismissed or that the disposition is unknown. Unless you take the step of having an order of non-dislosure granted by the court, this information will be available to the public.
Are deferred adjudication records public?
Yes. Although there is a common misconception that deferred adjudication records are removed from a defendant's criminal history upon successful conclusion of the community supervision (probation) period, the law does not provide for automatic expunction of deferred adjudication records
Can deferred adjudication records be made non-public by request?
Yes, in some instances. There are two ways that deferred adjudication community supervision records can be made non-public:.
(1) Class C deferred adjudications -- By filing an expunction under Article 45.051(e), Code of Criminal Procedure (if the Class C deferred adjudication was imposed in justice court or municipal court); or by filing an expunction under Article 55.01, Code of Criminal Procedure (if the Class C deferred adjudication was imposed in county or district court). Expunction is not available for deferred adjudication sentences for Class B, Class A, or felony offenses.
(2) Petition for nondisclosure – Under Section 411.081(d), Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. There are many offenses, however, for which this procedure is unavailable. Moreover, a defendant may be disqualified if he commits an offense after the deferred adjudication has been completed and before filing the petition. Click here for a link to Section 411.081(d).
http://app.dao.hctx.net/FAQs/4/Other_Di ... ation.aspx" onclick="window.open(this.href);return false;
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 8:42 pm
by USA1
almostfree wrote:It will appear on your record as an arrest and it will often show that the charges have dismissed or that the disposition is unknown. Unless you take the step of having an order of non-dislosure granted by the court, this information will be available to the public.
Are deferred adjudication records public?
Yes. Although there is a common misconception that deferred adjudication records are removed from a defendant's criminal history upon successful conclusion of the community supervision (probation) period, the law does not provide for automatic expunction of deferred adjudication records
Can deferred adjudication records be made non-public by request?
Yes, in some instances. There are two ways that deferred adjudication community supervision records can be made non-public:.
(1) Class C deferred adjudications -- By filing an expunction under Article 45.051(e), Code of Criminal Procedure (if the Class C deferred adjudication was imposed in justice court or municipal court); or by filing an expunction under Article 55.01, Code of Criminal Procedure (if the Class C deferred adjudication was imposed in county or district court). Expunction is not available for deferred adjudication sentences for Class B, Class A, or felony offenses.
(2) Petition for nondisclosure – Under Section 411.081(d), Government Code, a court can prohibit criminal justice agencies from disclosing to the public criminal history record information related to certain offenses for which the offender was placed on deferred adjudication. There are many offenses, however, for which this procedure is unavailable. Moreover, a defendant may be disqualified if he commits an offense after the deferred adjudication has been completed and before filing the petition. Click here for a link to Section 411.081(d).
http://app.dao.hctx.net/FAQs/4/Other_Di ... ation.aspx" onclick="window.open(this.href);return false;
OK, I know this will be getting off topic but let's say a Police officer pulls you over and asks if you've ever been arrested before. (You have completed deferred adjudication in the past). How do you answer? Do you say "No", or do you say "yes"?
I've always been curious about that but fortunately have never been put into that situation.
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 8:51 pm
by jester
USA1 wrote:OK, I know this will be getting off topic but let's say a Police officer pulls you over and asks if you've ever been arrested before. (You have completed deferred adjudication in the past). How do you answer? Do you say "No", or do you say "yes"?
I've always been curious about that but fortunately have never been put into that situation.
What about someone who was arrested and the charges were dropped or it went to trial and the verdict was NOT GUILTY?
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 8:54 pm
by rm9792
Simply say yes. Why would he ask that though? If he wants further clarification then tell him. Most forms i have filled out ask about convictions, not arrests.
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 9:29 pm
by baldeagle
USA1 wrote:baldeagle wrote:the deferred adjudication will remain on your record unless you affirmatively take action to have it legally removed from your record via expunction. Although it would not be a conviction (if successfully completed), it could still work against you in cases of prospective employment, attempts to find housing or to conduct business (e.g. obtaining loans).
baldeagle, I'm not so sure I agree with this statement.
Having successfully completed the terms of a felony deferred adjudication myself from way back, it has been my understanding that it does not go onto my record. I understand that it must be disclosed for the purpose of applying for a CHL but other standard background investigations should not reveal this information.
A lot of people believe this, but it's not true. The deferred adjudication will remain on your record unless you take affirmative steps to have it removed. You can file a petition of nondisclosure or file for an expunction (but not for felonies). Expunction is better for you, because you can honestly and legally answer No to both have you ever been convicted and have you ever been arrested. Your record for that charge is erased. With a nondisclosure, the police will know about it but cannot reveal it to the public. If you haven't done that, you should consult a lawyer. It might be worth it for you to pay for a background check to see if your record is revealed that way before paying for a lawyer.
Please note that I am not a lawyer. These are my opinions based upon my reading of the statutes as well as the opinions of lawyers who have written about this on the web.
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 9:46 pm
by USA1
baldeagle wrote:USA1 wrote:baldeagle wrote:the deferred adjudication will remain on your record unless you affirmatively take action to have it legally removed from your record via expunction. Although it would not be a conviction (if successfully completed), it could still work against you in cases of prospective employment, attempts to find housing or to conduct business (e.g. obtaining loans).
baldeagle, I'm not so sure I agree with this statement.
Having successfully completed the terms of a felony deferred adjudication myself from way back, it has been my understanding that it does not go onto my record. I understand that it must be disclosed for the purpose of applying for a CHL but other standard background investigations should not reveal this information.
A lot of people believe this, but it's not true. The deferred adjudication will remain on your record unless you take affirmative steps to have it removed. You can file a petition of nondisclosure or file for an expunction (but not for felonies). Expunction is better for you, because you can honestly and legally answer No to both have you ever been convicted and have you ever been arrested. Your record for that charge is erased. With a nondisclosure, the police will know about it but cannot reveal it to the public. If you haven't done that, you should consult a lawyer. It might be worth it for you to pay for a background check to see if your record is revealed that way before paying for a lawyer.
Please note that I am not a lawyer. These are my opinions based upon my reading of the statutes as well as the opinions of lawyers who have written about this on the web.
Thank you. I appreciate the information. I am going to do some serious consideration of this.
As I pointed out earlier, I have a deferred adjudication from many years ago and to this point it hasn't been an issue but it would be nice to be free of it once and for all. After all, I'm not the same person that I was way back then.
Thanks baldeagle
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 10:38 pm
by SWAMPRNR
Deferred Adjudication for a felony can not be sealed or expunged in most cases.Mine does not show on any public record search or any basic DPS search. But a advanced search by any law enforcement or judicial branch can pull it right up.I have been trying for years to get mine expunged or sealed with no luck.If you want to know for sure just go get your prints ran by L1 and see what pops up.As for answering yes or no if you have been convicted for a felony. To buy a firearm i can still legally answer no. Texas DPS counts deferred adjudication as a conviction so anything related to them i have to answer yes.If anybody ever runs your prints for a job or anything else be ready to back up anything you can because it will show up as a felony arrest that went to court but it will not show any court or prosecution data.
Re: CHL with a Felony Deferred Adjudication
Posted: Tue Jun 22, 2010 10:57 pm
by gigag04
almostfree wrote:gigag04 wrote:almostfree wrote:Deferred adjudication is not a conviction.
Wrong.
Way to support your statements with references and prove you know what you are talking about.
Sigh...new people.
Re: CHL with a Felony Deferred Adjudication
Posted: Wed Jun 23, 2010 8:40 am
by Keith B
OK folks, keep the discussions civil.
Re: CHL with a Felony Deferred Adjudication
Posted: Wed Jun 23, 2010 9:55 am
by pbwalker
gigag04 wrote:almostfree wrote:gigag04 wrote:almostfree wrote:Deferred adjudication is not a conviction.
Wrong.
Way to support your statements with references and prove you know what you are talking about.
Sigh...new people.
Well, he's got a point. I'm not new and I thought the same thing.
Re: CHL with a Felony Deferred Adjudication
Posted: Thu Jan 24, 2013 10:32 am
by mecoseko
I was arrested in 2000 for Burg of habitation (2nd degree felony) and sentence to 10 yrs def prob- i completed probation early in 2005 and I researched how to seal my own record in court (pro se) I was granted a petition for non disclosure of criminal history in March 2012. i recently took a CHL course and submitted all my paperwork to AUSTIN DPS- I am currently awaiting a response and will keep you posted
Re: CHL with a Felony Deferred Adjudication
Posted: Sun Mar 10, 2013 7:38 am
by mecoseko
Ok- just went into background check completed this morning.
Class-1/19
Alldocs recvd - 1/25
BG under investigation- 2/13
BG complete-3/10
Pending manufacturing- 3/10
And those of you with a Felony BG, get them sealed in court it pays off...you dont need a lawyer to do it I can show you how its simple!