The things the bug me about the TX LTC application.

[jimbo]

Have had mine since the late 1990’s.
Come on in boys. The water is fine.

Me too. 1995

 

[txinvestigator]

Research the statute of limitations for the crime. If the statute of limitations had expired then how can you be denied if you didn’t get convicted?

Statute of limitations has nothing to do with it

 

[Sam7sf]

Statute of limitations has nothing to do with it

My bad.

 

[candcallen]

Unless the law has been changed (again), that isn't a lawful possibility - I looked in to it soon after it happened years ago.



How?

Eli

Well you have access to the sum total of mans knowledge at your fingertips.

In there you will find a crapzillion companies firms and sites that do background checks on people and entities.

I try hard but come across as an arshole some times. Sorry.

Just find one and tell them what your looking for. If it pops up then start calling and asking if its important and fix it If need be.

If you can buy a gun from a ffl with a background check its probably not a big deal. When background checks first started I had to go finger print every time I bought a gun. Some tard same name same DOB was a wanted felon. Since I worked for a state agency they always laughed when I came in to get fingerprinted in uniform. Point is nothing is perfect and you fix problems when they arise. Hiding from it wont help you at all.

It may be cheaper to just apply and find out it it's an issue but definitely find out.

 

[Bithabus]

I'm nervous to apply because of a garbage arrest I have that wasn't properly coded in the system - thank you RR/Wilco! It delayed a professional license years ago - a misdemeanor arrest that the CA declined to file charges but showed as an undisposed felony - no telling what it would come up on an LTC background check as. Not to mention, I don't remember what year it was!

Eli

This is why they want you to provide copies of dispositions from the courts. Lots of arrests are not correctly entered into TCIC/NCIC. Example: someone gets arrested, then dismissed, small town clerk fails to note dismissal and the person is rejected for ___ because of a "pending charge".

 

[Bithabus]

Unless the law has been changed (again), that isn't a lawful possibility - I looked in to it soon after it happened years ago.

Should be if you were n/p. Try again. Maybe hire a better lawyer.

 

[Eli]

This is why they want you to provide copies of dispositions from the courts. Lots of arrests are not correctly entered into TCIC/NCIC. Example: someone gets arrested, then dismissed, small town clerk fails to note dismissal and the person is rejected for ___ because of a "pending charge".

It never went to court. Arrested over the weekend, bonded out, letter from the County Attorney came Tuesday stated charges would not be sought.
NICS has always delayed me - even with SSN, even before the arrest, I have been delayed every single time without fail!
I guess I'll call DPS tomorrow...

Eli

 

[Bithabus]

It never went to court. Arrested over the weekend, bonded out, letter from the County Attorney came Tuesday stated charges would not be sought.

Yeah that what I meant. Sounds like you could get the record expunged. Have you been to the Clerk's office to ask for records?

 

[Bozz10mm]

It never went to court. Arrested over the weekend, bonded out, letter from the County Attorney came Tuesday stated charges would not be sought.

Eli

It's unfortunate that you don't still have that letter. That's probably all you would need to submit with your LTC application.

 

[BoomBoomcookie]

A deferred adjudication counts as a conviction for LTC purposes. People don't realize they and often think it isn't a conviction.

It isn't a job or credit app; therefore, the FCRA doesn't apply

A deferred adjudication DOES NOT count if the person has completed their sentence.

 

[Bithabus]

A deferred adjudication DOES NOT count if the person has completed their sentence.

Why are you saying this?

Did your LTC instructor tell you that? A gun store employee?

I'm genuinely curious. Lately we've had people on here spouting all kinds of wrong information.

 

[Bithabus]

In case your response is "I'm right cause Bubba said so", here:

SUBCHAPTER H. LICENSE TO CARRY A HANDGUN

Sec. 411.171. DEFINITIONS. In this subchapter:

(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, 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.

 

[vmax]

I guess its a good thing you live in Colorado then.

Oklahoma

 

[Frank59]

Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:

(1) a felony offense under:

(A) Title 5, Penal Code;

(B) Chapter 29, Penal Code;

(C) Section 25.07 or 25.072, Penal Code; or

(D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or

(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).


Added by Acts 2005, 79th Leg., Ch. 1084 (H.B. 1831), Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.01, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. September 1, 2013.

 

[txinvestigator]

A deferred adjudication DOES NOT count if the person has completed their sentence.

That is incorrect. Certain deferred that are over 10 years old are not prohibited, but they could as convictions for LTC purposes

 

[Bithabus]

Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:

(1) a felony offense under:

(A) Title 5, Penal Code;

(B) Chapter 29, Penal Code;

(C) Section 25.07 or 25.072, Penal Code; or

(D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or

(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).


Added by Acts 2005, 79th Leg., Ch. 1084 (H.B. 1831), Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.01, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743), Sec. 7, eff. September 1, 2013.

Yes, after 10 years a deferral is not a conviction, except for certain felonies.

 

[mamboloco]

SSN is there to help them with "similar name" situations. Name + DOB is not necessarily unique.

 

[Bithabus]

Because I had one.

Most deferrals expire as convictions for LTC purposes after a certain time. It is NOT "when the sentence is completed". You must have waited the allotted time.

 

[Hoji]

That is incorrect. Certain deferred that are over 10 years old are not prohibited, but they could as convictions for LTC purposes

Could be thinking of a deferred prosecution. Those can be expunged.

 

[Deimos]

Could be a SSN will tell them if
1) A dead beat owing child support
2) Owe restitution
3) Been convicted of crimes that don't allow you to have LTC

None of the above. Your SS is the only unique identifier Americans have. I dealt with identifying individuals in a fairly small sample of U.S. citizens who had passed a rigorous background check. Here are the problems I had to deal with:
1) Your women folk. They marry and divorce and change, hyphenate, and change back their name again when they dump your sorry rear end. They don't always update everything
2) Jesus, Maria, Joseph are every where. Every Vietnamese changed their name to Nguyen to screw with the Chinese.
3) That eunuch who went and had his pipi cut off and now calls itself something like Chelsea or Kaitlin (Whatever happened to being a drag queen?).

As your other "identity records": Driver licenses are ephemeral and change with your change of residence across state lines. You can get a fake Drivers license from your corrupt "sanctuary" states of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, New York, Nevada, Utah, Vermont and Washington. All of whom will issue a license to any illiterate illegal with a fake stolen identity to keep wages low for their corporate political donors. If you then move to Texas you can use your fake DL to get a TX one.