Q: I had a DUI with child pass under 15 back in 2006 I think.im wanting to what type of felony it is
Will it be on my record forever and does this keep me from owning a firearm.i just didnt know if after so long after my dui charge I could own a firearm.i did a dumb mistake years back and its affected my whole life.
A:
Below is a copy of the applicable statute (the current one, not the 2006 statute). If a final conviction was entered on the case, the only way to remove the matter from your record is via pardon from the Governor. A person convicted of a felony can never possess a firearm under federal law. Good luck.
Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (a) A person commits an offense if:
(1) the person is intoxicated while operating a motor vehicle in a public place; and
(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b) An offense under this section is a state jail felony.
A:
Hello,
I am sorry to hear this has continued to affect you. We are all more than our worst moments. You need to inquire with an attorney about what your options in terms of what can be done. Every situation is different but the legislature has, in certain situations, allowed for the sealing, non-disclosure, or expungement of criminal records. You should speak with an attorney about your situation.
Sincerely,
Jim
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