Author Topic: Felony deffered adjudication  (Read 1092 times)

cprems

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Felony deffered adjudication
« on: September 11, 2015, 03:02:58 AM »
I have a friend who has been searching for an answer.

In the 1990's my friend was charged with a felony "injury to a child" and placed on deferred adjudication. They served 10 years on deferred adjudication and completed it without any issues. There have been zero issues since and this was the one and only time they have been in trouble with the law. All this stemmed from a vindictive and bitter divorce.

The questions are: Would my friend be eligible for a CHL? The second question is in regards to firearms and ammunition, since a DA isn't considered a "conviction" under Texas law, they would be able to answer the form 4473 honestly and say NO on the form, under the conviction portion. Are they able to own and keep firearms?

Many thanks.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »

TexasLawShield

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Re: Felony deffered adjudication
« Reply #1 on: September 17, 2015, 10:31:02 AM »
cprems,

When it comes to a CHL, unfortunately for your friend, completing deferred adjudication for a felony injury to a child charge does not eliminate the conviction status of the proceedings. Texas Government Code § 411.1711(1)(A) says that an order of deferred adjudication against a person for a felony offense under Title 5 of the Penal Code (which includes “injury to a child”) is treated as a conviction for the purposes of a CHL.  So he will not be able to obtain his CHL. However, he is still able to purchase and own firearms, assuming he successfully completed his deferred adjudication.
« Last Edit: December 31, 1969, 06:00:00 PM by Guest »