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Question about LTC application and expungement

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  • jr101

    New Member
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    Jan 17, 2020
    7
    11
    Houston
    Hello Everyone,

    I recently applied for my LTC, completed fingerprinting and classroom training and show everything submitted online.

    On the question about being arrested or having a criminal history, I was unsure how to answer. I made a mistake about 8 years ago, got a misdemeanor DUI in CA and was granted an expungement over 5 years ago.

    In reviewing with the lawyer who assisted me he explained that with the expungement the arrest never happened and by law I am allowed to state this if ever asked. Chapter 55.03 of the Texas Code of Criminal Procedure supports this:

    When the order of expunction is final:
    (1) the release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited;
    (2) except as provided in Subdivision (3) of this article, the person arrested may deny the occurrence of the arrest and the existence of the expunction order; and
    (3) the person arrested or any other person, when questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, may state only that the matter in question has been expunged.

    In reviewing the application I am not under oath for a criminal proceeding so I answered "No" on the application. Not trying to hide anything as I'm still qualified for the LTC due to the length of time passed since the incident but don't like listing the event if I don't need to.

    Some background, I'm former military and have purchased guns in CA and TX after the DUI 8 years ago. Never had an issue with the purchases. Have also been through numerous background checks and have never had anything come up. Aside from the DUI, I should have nothing else on my record. It's the only thing I've ever gone in front of a judge for.

    Fast forward to today. I've been reading through this forum and wish I would have found it sooner. I'm wondering now if I should have just answered yes to this question and submitted proof of expungement.

    The application has been submitted with fingerprints and background check under review. Should I flag this now with DPS or wait to see if anything comes up? Thanks.
    Guns International
     

    txinvestigator

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    May 28, 2008
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    Your expunction was in California, so the Texas code you quoted is really irrelevant. You cannot have your record expunged in Texas unless you are found not guilty at trial (this does not include a non-finding of guilt as a result of a deferred adjudication) or the case is dismissed.

    What matters is if CA treats expunctions like Texas. If so you are good. If CA does not remove the case from all records like Texas, then you may encounter a challenge.
     

    Renegade

    SuperOwner
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    Mar 5, 2008
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    Some background, I'm former military and have purchased guns in CA and TX after the DUI 8 years ago. Never had an issue with the purchases. Have also been through numerous background checks and have never had anything come up.

    None of this matters. MD/DUI is not a DQ to purchase guns at the Federal Level, even if you were convicted.
     

    Renegade

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    Mar 5, 2008
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    In reviewing with the lawyer who assisted me he explained that with the expungement the arrest never happened and by law I am allowed to state this if ever asked. Chapter 55.03 of the Texas Code of Criminal Procedure supports this:

    Since you mention "arrest", and not conviction, does this mean you were never convicted? Was it a Deferred adjudication?
     

    jr101

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    Jan 17, 2020
    7
    11
    Houston
    Since you mention "arrest", and not conviction, does this mean you were never convicted? Was it a Deferred adjudication?

    There was a conviction for misdemeanor DUI. With the expungement, per the lawyer who assisted, I am able to deny the event ever happened. This includes the arrest and conviction. Wasn't sure if anyone had experience with this on a LTC permit and how it impacted the application process.
     

    Renegade

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    Mar 5, 2008
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    There was a conviction for misdemeanor DUI. With the expungement, per the lawyer who assisted, I am able to deny the event ever happened. This includes the arrest and conviction. Wasn't sure if anyone had experience with this on a LTC permit and how it impacted the application process.

    I only asked as Texas has special rules fora D/A.
     

    innominate

    Asian Cajun
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    Jan 3, 2010
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    You could just say yes and supply the appropriate documents. A dui over 5 years ago does not disqualify you.
     

    jr101

    New Member
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    Jan 17, 2020
    7
    11
    Houston
    You could just say yes and supply the appropriate documents. A dui over 5 years ago does not disqualify you.

    Thanks innominate. The issue is I already submitted the application, answered no to the question and everything is showing in process. With the expungement I thought things were in the clear but after reading some of the posts here I'm second guessing my answer. Wondering if I should contact DPS and change my answer or let things ride out and if they have questions provide whatever information they request.
     

    innominate

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    Thanks innominate. The issue is I already submitted the application, answered no to the question and everything is showing in process. With the expungement I thought things were in the clear but after reading some of the posts here I'm second guessing my answer. Wondering if I should contact DPS and change my answer or let things ride out and if they have questions provide whatever information they request.
    I guess I should have paid more attention to your post.

    To me, I'm no attorney, you're covered with the conviction part of the question. Not sure about the arrest part. From what you posted it makes me think CA would show no arrest though. Tough call.

    I would think dps would be understanding in the end even if something did pop up. Good luck
     

    pronstar

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    Seems to me you’re in the clear...?

    ac30d881be09d10c6d3a81ebee4ac26f.jpg



    Sent from my iPhone using Tapatalk Pro
     

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    TX OMFS

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    Thanks innominate. The issue is I already submitted the application, answered no to the question and everything is showing in process. With the expungement I thought things were in the clear but after reading some of the posts here I'm second guessing my answer. Wondering if I should contact DPS and change my answer or let things ride out and if they have questions provide whatever information they request.

    Ask a Texas attorney so you know for next time. Yes, USLawShield can help.

    Regarding the present situation, let it ride & answer questions as they come up. I think you're in the clear & will get your LTC without further questions.
     

    jr101

    New Member
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    Jan 17, 2020
    7
    11
    Houston
    Ask a Texas attorney so you know for next time. Yes, USLawShield can help.

    Regarding the present situation, let it ride & answer questions as they come up. I think you're in the clear & will get your LTC without further questions.

    Thanks. I enrolled in USLawShield, called and am waiting for a call back.

    Will keep the forum posted in case someone has this come up in the future.
     
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