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deferred adjudication

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amy-young

Junior Member
What is the name of your state?Texas
I took a plea and got deferred adjudication. I was just wondering if when I'm done with probation if it will restore my right to vote, ability to be a juror and restore my right to bare arms?

Thank you,
Amy
 


seniorjudge

Senior Member
Q: I took a plea and got deferred adjudication. I was just wondering if when I'm done with probation if it will restore my right to vote, ability to be a juror and restore my right to bare arms?

A: What were you convicted of? What was the statute number?

(BTW, you can bare your arms any time it is warm enough. :D )
 

amy-young

Junior Member
seniorjudge said:
Q: I took a plea and got deferred adjudication. I was just wondering if when I'm done with probation if it will restore my right to vote, ability to be a juror and restore my right to bare arms?

A: What were you convicted of? What was the statute number?

(BTW, you can bare your arms any time it is warm enough. :D )
I don't know the statute number is it really neccesary? It was a drug crime, 3rd degree felony. I got 2 years probation.

(BTW, you can bare your arms any time it is warm enough. :D ) Here in Texas that's all the time. :p
 

Kane

Member
Deferred adjudication is not a conviction under Texas state law, and it has no effect on your right to vote. You cannot, however, serve on a jury while you're on probation. Once your probation is over, you'll be eligible for jury service again.

Deferred adjudication has no effect on your right to possess a gun, at your home, under Texas law. It might, however, interfere with your ability to obtain a license to carry one. And the terms and conditions of your probation may prohibit you from having a gun, as well.
 

Kane

Member
(After some more research) there's at least one federal appeals court that's ruled that being on a deferred adjudication is the equivalent of being "under indictment" for purposes of the federal law prohibiting "receiving a firearm that travelled in interstate commerce while under indictment for a felony."

http://www.ca5.uscourts.gov/opinions/pub/04/04-40557-CR0.wpd.pdf

Valentine’s most substantial argument is
that the evidence is insufficient to establish, beyond
a reasonable doubt, that his conduct
constituted a violation of § 922(n). Such a
conviction requires a finding that the defendant
received a firearm shipped in interstate commerce5
while he was “under indictment for a
crime punishable by imprisonment for a term
exceeding one year . . . .” 18 U.S.C. § 922(n).
As noted above, in January 2002 Valentine
was indicted for theft and received five years’
deferred adjudication. The relevant question,
therefore, is whether the deferred adjudication
is tantamount to being “under indictment.”
The court went on to decide that it was. In other words, it's probably not a good idea ot have any guns until you're off probation.
 

amy-young

Junior Member
Kane said:
(After some more research) there's at least one federal appeals court that's ruled that being on a deferred adjudication is the equivalent of being "under indictment" for purposes of the federal law prohibiting "receiving a firearm that travelled in interstate commerce while under indictment for a felony."

http://www.ca5.uscourts.gov/opinions/pub/04/04-40557-CR0.wpd.pdf



The court went on to decide that it was. In other words, it's probably not a good idea ot have any guns until you're off probation.
Thank you very much. Being on probation means I can't have a gun right now. Through this website I have read that I will have a record (conviction) until I file for an order of non-disclosure. So does that mean that I won't be able to have a gun until I file for an order of non-disclosure?

I learned about the order of non-disclosure thing through this thread.
https://forum.freeadvice.com/showthread.php?t=276832
 
amy-young said:
Thanks seniorjugde. :)
It is all those republicans..... just kiddin....

yeah I have never heard of a state that offers expungements but whose state licensing boards do not honor them????? :confused:
 

Kane

Member
amy-young said:
Thank you very much. Being on probation means I can't have a gun right now. Through this website I have read that I will have a record (conviction) until I file for an order of non-disclosure. So does that mean that I won't be able to have a gun until I file for an order of non-disclosure?

I learned about the order of non-disclosure thing through this thread.
https://forum.freeadvice.com/showthread.php?t=276832
You don't have a conviction, if you got a deferred adjudication.

Deferred adjudication means, literally, that the judge has put off (deferred) making a finding (an adjudication) in your case - which means you haven't been convicted of anything.

You have, however, entered a plea of guilt (which the judge can later use to convict you, if you violate your probation). And you are, of course, on probation.

The record of everything that's happened in your case - including your plea of guilt and the order of deferred adjudication - is contained in a file at the courthouse.

That file is public record, and anybody can go down and look at it.

Some companies send people to the courthouse to access the records, put them on their own databases, and sell them to employers, landlords, or anybody who's willing to pay. Many of those customers are not lawyers, and don't know the difference between "deferred adjudication" and "conviction."

Others just don't care.

In any case, if you want to seal the records at the courthouse - keep the public from being able to see them - you have file a Motion for Nondisclosure, and the judge has to approve it.

Once that happens, your file will be sealed, and members of the public will not be able to see it. (Law enforcement will still have access.)

I used to have a good link, that explained Nondisclosure and had some forms, but I can't seem to find it now. You'll have to wait until after you're off probation to get one, and it's not really all that hard. If you decide to hire a lawyer for it, shop around. There's no reason to spend a ton of money on it. :)
 

Kane

Member
RedemptionMan said:
It is all those republicans..... just kiddin....
If there's anything wrong in the world, you can bet those damn Republicans are involved, somewhere. ;)
 
well in my state-- expungements can not be used against you as far as licensing boards are concerned. You bring up a point in your previous post. Consumer reporting agencies do indeed hire ignorant dildos to go to the county courthouse and get records. If for example, the company has already picked up on county convictions and report them then the records are sealed and expunged. Do the vendors (people that travel to the courthouse) update these databases to reflect changes. This is a very touchy subject. Any and all records done at the county level (be they misd or felony) will show up even if the charges are dismissed, nolle pros, or not guilty. However, district/ municipal court checks are not done by many companies.
 

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