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Deferred adjudication questions #7747289 02/16/20 03:22 AM
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Once a person has satisfied the time on a felony deferred adjudication judgment is it as though the charges never happened? This would be in regard to firearms ownership and or possession.


If you`re running down my country, man,
You`re walking on the fighting side of me. (Merle)
Re: Deferred adjudication questions [Re: pdr55] #7747293 02/16/20 03:31 AM
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You are on the Texas Hunting Forum looking for legal advice?

Please consult an attorney licensed to practice law in Texas.

Just my .02,
LeonCarr


"Whitetail Deer are extinct because of rifles with telescopes mounted on them." - My 11th Grade English Teacher
Re: Deferred adjudication questions [Re: pdr55] #7747294 02/16/20 03:32 AM
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Deferred Adjudication is not really a conviction like confinement of probation. it does not prohibit firearm ownership. As long as family violence is not involved.

Re: Deferred adjudication questions [Re: LeonCarr] #7747299 02/16/20 03:43 AM
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Originally Posted by LeonCarr
You are on the Texas Hunting Forum looking for legal advice?

Please consult an attorney licensed to practice law in Texas.

Just my .02,
LeonCarr

Just to be clear this is not about me, it’s a question about a person that has been showing up at a few gatherings of friends.
I guess the question should be if the person were to be run through the system, would the felony conviction show on the return?


If you`re running down my country, man,
You`re walking on the fighting side of me. (Merle)
Re: Deferred adjudication questions [Re: pdr55] #7747321 02/16/20 04:25 AM
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When a person completes deferred probation and is discharged, there is no conviction for that offense.


Re: Deferred adjudication questions [Re: Grizz] #7747324 02/16/20 04:29 AM
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Originally Posted by Grizz
When a person completes deferred probation and is discharged, there is no conviction for that offense.

Thanks Grizz, that’s what I was looking for.


If you`re running down my country, man,
You`re walking on the fighting side of me. (Merle)
Re: Deferred adjudication questions [Re: pdr55] #7747339 02/16/20 05:04 AM
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Originally Posted by pdr55
Originally Posted by Grizz
When a person completes deferred probation and is discharged, there is no conviction for that offense.

Thanks Grizz, that’s what I was looking for.


Just to be clear, the arrest will still be on his/her record, just no conviction.


Re: Deferred adjudication questions [Re: pdr55] #7747342 02/16/20 05:06 AM
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Originally Posted by pdr55
Originally Posted by LeonCarr
You are on the Texas Hunting Forum looking for legal advice?

Please consult an attorney licensed to practice law in Texas.

Just my .02,
LeonCarr

Just to be clear this is not about me, it’s a question about a person that has been showing up at a few gatherings of friends.
I guess the question should be if the person were to be run through the system, would the felony conviction show on the return?


A deferred felony can't be used as a previous conviction for an enhancement when filing a new criminal case with any district attorney's office, many times though I have seen it prevent a person from passing the NIC system when trying to purchase a firearm.

Re: Deferred adjudication questions [Re: ntxtrapper] #7747347 02/16/20 05:11 AM
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Originally Posted by ntxtrapper
Originally Posted by pdr55
Originally Posted by LeonCarr
You are on the Texas Hunting Forum looking for legal advice?

Please consult an attorney licensed to practice law in Texas.

Just my .02,
LeonCarr

Just to be clear this is not about me, it’s a question about a person that has been showing up at a few gatherings of friends.
I guess the question should be if the person were to be run through the system, would the felony conviction show on the return?


A deferred felony can't be used as a previous conviction for an enhancement when filing a new criminal case with any district attorney's office, many times though I have seen it prevent a person from passing the NIC system when trying to purchase a firearm.

up


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Re: Deferred adjudication questions [Re: pdr55] #7747350 02/16/20 05:14 AM
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Originally Posted by pdr55
Originally Posted by LeonCarr
You are on the Texas Hunting Forum looking for legal advice?

Please consult an attorney licensed to practice law in Texas.

Just my .02,
LeonCarr

Just to be clear this is not about me, it’s a question about a person that has been showing up at a few gatherings of friends.
I guess the question should be if the person were to be run through the system, would the felony conviction show on the return?


It’ll still show on a background check, assuming they haven’t had the record sealed. Even if it is sealed it’ll still show on any federal check or pd check, just not employer or internet search type scenarios

Re: Deferred adjudication questions [Re: pdr55] #7747394 02/16/20 01:23 PM
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Call this Clown



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Originally Posted by bill oxner
Loved my 4 inches. Well needed.

Originally Posted by bill oxner
Hate Russians. Love happy endings. I saw snot fly. cheers


Re: Deferred adjudication questions [Re: LeonCarr] #7747436 02/16/20 02:26 PM
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Originally Posted by LeonCarr
You are on the Texas Hunting Forum looking for legal advice?

Please consult an attorney licensed to practice law in Texas.

Just my .02,
LeonCarr



I concur.


Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill


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Re: Deferred adjudication questions [Re: Grizz] #7747470 02/16/20 03:04 PM
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Originally Posted by Grizz
When a person completes deferred probation and is discharged, there is no conviction for that offense.


This. We had to charge a kid with UCW instead of felon in possession the other day due deferred.

Re: Deferred adjudication questions [Re: pdr55] #7747490 02/16/20 03:29 PM
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The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing.
And no, I’m not calling an attorney about this.


If you`re running down my country, man,
You`re walking on the fighting side of me. (Merle)
Re: Deferred adjudication questions [Re: pdr55] #7747503 02/16/20 03:42 PM
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Originally Posted by pdr55
The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing.
And no, I’m not calling an attorney about this.


If you're worried then exclude him.


Initial Success or Total Failure

Re: Deferred adjudication questions [Re: pdr55] #7747507 02/16/20 03:48 PM
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Just go ahead and liquidate him


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Originally Posted by bill oxner
Loved my 4 inches. Well needed.

Originally Posted by bill oxner
Hate Russians. Love happy endings. I saw snot fly. cheers


Re: Deferred adjudication questions [Re: pdr55] #7747510 02/16/20 03:50 PM
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Since this IS a public forum, you just lost plausible deniability. Seeking actual legal advice is not an option you say. So now you are down to just the odds 50/50 right?

Re: Deferred adjudication questions [Re: pdr55] #7747514 02/16/20 03:55 PM
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For traffic offenses, once it’s completed successfully, it’s as if it never happened. I’m not sure in felony cases, but it seems that it should be the same.


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Re: Deferred adjudication questions [Re: Cast] #7747526 02/16/20 04:12 PM
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Originally Posted by Cast
For traffic offenses, once it’s completed successfully, it’s as if it never happened. I’m not sure in felony cases, but it seems that it should be the same.



Been there.


Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill


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Re: Deferred adjudication questions [Re: pdr55] #7747536 02/16/20 04:25 PM
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Originally Posted by pdr55
The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing.
And no, I’m not calling an attorney about this.



Let him worry about it.

Re: Deferred adjudication questions [Re: Walkabout] #7747537 02/16/20 04:28 PM
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Originally Posted by Walkabout
Since this IS a public forum, you just lost plausible deniability. Seeking actual legal advice is not an option you say. So now you are down to just the odds 50/50 right?

Well, my thinking was that the LEO’s would know as they deal with this on a daily basis.


If you`re running down my country, man,
You`re walking on the fighting side of me. (Merle)
Re: Deferred adjudication questions [Re: pdr55] #7747549 02/16/20 04:44 PM
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Originally Posted by pdr55
The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing.
And no, I’m not calling an attorney about this.


It all comes down to how comfortable you are that you have accurate information from him. As long as he has been successfully discharged from his deferred probation, he has no other felonies, and he doesn't have an active protective order against him, he will be fine under state law. That may or may not be the case under federal law. State law allows a person to have a firearm after a domestic violence conviction as long as the person has been completely off paper for five years. Federal law doesn't. State law also has a provision that allows convicted felons to possess firearms on their own property when they've been completely off paper for five years but federal law has no such provision. The point being federal law and state law don't always mesh.


Re: Deferred adjudication questions [Re: TXGUNNER308] #7747550 02/16/20 04:46 PM
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Originally Posted by TXGUNNER308
Originally Posted by pdr55
The rest of the story is that the individual has expressed interest in going with some of the group on different hunts and some were concerned about what would transpire upon confrontation with LE, BP or Game Warden. (including myself). That whole felon in possession of a firearm thing.
And no, I’m not calling an attorney about this.


If you're worried then exclude him.


^^^^^ This ^^^^^

Sounds like there is more concerns about this person than the deferred adjudication.
You said “ upon confrontation with LE, BP or Game Warden. (including myself)
That should answer any question you have about being around this person.


Originally Posted by bill oxner
There are a couple of housewives near me who mow their yards. They look determined and beautiful on their zero turn mowers.

Re: Deferred adjudication questions [Re: pdr55] #7747558 02/16/20 04:55 PM
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Deferred ta my adjudication confused2 i got D-

flag

Last edited by colt.45; 02/16/20 04:56 PM.


i'm postaddic
Re: Deferred adjudication questions [Re: pdr55] #7747578 02/16/20 05:23 PM
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Also, if I were you I would not consider selling him a firearm; not that you are.

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