Fort Worth, TX asked in Criminal Law for Texas

Q: So if you were on deferred adjufication in 2001 for a aggravated assult with a deadly weapon and completed it .

now in Texas in 2020 can you get a license to carry or does that bar you. I know if it was for some feloneys you can wait the 10 year period but is this even though it was deferred a direct bar !

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Deferred adjudication counts as a conviction for the purposes of the Texas License to Carry. However, after 10 years, all misdemeanor deferred adjudications (and some felony deferred adjudications) are no longer considered convictions. Unfortunately for you, Aggravated Assault is a felony that does NOT one of those so it retains its status as a "conviction."

If the alleged victim in your case was NOT a family member, roommate, or someone you dated, and you were not convicted for another offense either during the period of community supervision or during the 5 years after supervision was terminated, then you MIGHT be able to seal the Aggravated Assault with a Petition for Order of Nondisclosure. Cases that have been sealed are NOT counted as convictions for the purpose of the License to Carry.

So you might be able to get there depending on your relationship with the victim in the Agg Assault and your criminal history since you were put on Deferred Adjudication. Most of this is covered in Chapter 411 of the Texas Government Code but you should hire an attorney because it is complicated.

Finally, be aware that, depending on your criminal history, there could be other bars to licensure, including the possibility that you could be barred from possessing a firearm under federal law even when clear under state law.

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