Texas CHL question

[cibach]

I have a freind that was charged back in 1999 in Kansas of forgery which is a felony. he said he was not convicted and that he did a diversion program for a year. Would this disqualify him from getting his Texas CHL. We were going to take the class this weekend together but he thinks this might hurt his chances!! He is able to purchase firearms but always gets delayed!

 

[cibach]

I am looking at his paperwork from this instance and it states and I quote " It is further ordered, the cause of the action filed by the Plantiff herein should be and is herby dismissed with prejudice , IT IS SO ORDERED"

 

[JohnKSa]

If you can figure out what the quote below means you'll have your answer...

""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; or
B. pardoned under the authority of state or federal official.
CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 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."​

My guess as a non-lawyer is that if he had to do some sort of service or participate in some kind of program as a consequence of the charge then he's probably out of luck.

 

[cibach]

I can't figure it out.. I just thought if it was dismissed there was never a conviction???

 

[JohnKSa]

If it was truly dismissed then I don't see why he would have had to participate in some sort of program.

Why was there a Plaintiff in a prosecution anyway? I thought that in a prosecution it's the State vs. the defendant. I thought it was only in a civil suit that there's a plaintiff and a defendant.

 

[Double Naught Spy]

My guess as a non-lawyer is that if he had to do some sort of service or participate in some kind of program as a consequence of the charge then he's probably out of luck.

That sounds about right. If he wasn't convicted, why would he do a diversion program? I have a feeling he pled no contest.

He is able to purchase firearms but always gets delayed!

That doesn't sound too good for a CHL.

With that said, call the CHL Austin and explain to them the circumstances and they can tell you if it would be problematic or not.

 

[Frank Ettin]

Your friend needs a real Texas lawyer. The Internet is a lousy place to look for reliable advice in connection with real world, actual legal problems.

 

[ShadyScott999]

In SC we have something called PTI (Pre-Trial Intervention). It can be used once to negate a non-violent crime. If you use PTI it does not go against you as a criminal conviction. It IS on your criminal record as a PTI usage.

As stated before, you need to talk to a real lawyer in your state.

 

[cibach]

I think that is what happened to him.. he was never arrested so to speak.. but was summoned to court.. then when he when arranged this diversion where he had to just send in paperwork every month to say he hadn't gotten into anymore trouble.. afte the year he was given paperwork that stated it was dismissed

 

[JohnKSa]

...he had to just send in paperwork every month to say he hadn't gotten into anymore trouble.. afte the year he was given paperwork that stated it was dismissed...

That sounds like probation or deferred adjudication...

 

[cibach]

his paperwork specifically states diversion.. and states dismissed

 

[Frog48]

In Texas, that would be considered deferred adjudication. As cited above, your friend would need to wait 10 years from the date he was released from deferred adjudication... which would be the date that the charges were formally dismissed.

 

[Double Naught Spy]

They why does buying a gun always get delayed?

Maybe there is something else on his record?

Texas isn't terribly friendly when it comes to such matters on their CHLs. One thing is virtually certain, if he fails to disclose the event and it is discovered (and quite likely it will be discovered), he will NOT get his CHL. Part of the CHL is volunteering all that previous information and so by not giving it, you have not filled out the paperwork properly.

If the case was indeed dismissed, then he should consider getting the record expunged.

 

[cibach]

I had him call Austin and he was told if it had been over 10 years even though it was a felony and he went into a diversion program and it wasn't a crime against a person he would be fine..just to submit the dismissal and diversion paperwork