Q: Can I get a concealed handgun permit in the state of texas if I was charged 3 years ago for a crime which was dismissed
The charge was aggravated assault with a deadly weapon and was dismissed in court. I understand you must list every time you was In jail on the dps application and for what crimes. I do not have a felony and never been arrested except for this one time. I have not expunged the charge yet from my record, Also might I add I can purchase a firearm after a fbi background check without problem.
A: Was the case dismissed after successful completion of deferred adjudication probation, or was it dismissed without any plea being entered? Ask this question to the attorney who represented you on the matter. Good luck.
Gary Blake Wells agrees with this answer
A:
Assuming you meet the other requirements for a Texas license to carry, your are eligible for a LTC if you 1) have not been convicted of a felony and 2) you have not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Penal Code section 42.01 (disorderly conduct), or equivalent offense. (Tex. Gov’t. Code § 411.172(a).) For a Texas LTC, the term convicted is different that that required to purchase a handgun under federal law. “'Convicted' means an adjudication of guilt or . . . 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.”
(Tex. Pen. Code § 411.171(4).)
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