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xavierjd
xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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I have a deferred adjudication and was told by the judge that

Customer Question

I have a deferred adjudication and was told by the judge that I would not have a record and that I could still own and use my guns for hunting. Can I buy guns under federal law?
Can I get my records totally cleared of the arrest including federal and state records?The arrest was for assault with a deadly weapon and I received community swevice and one year probation and deferred adjudication. My e-mail XXXXX@XXXXXX.XXX
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you.

Are you still on probation?

If not, are you sure that the case has been dismissed?

Thanks
Expert:  xavierjd replied 2 years ago.
Also, what crime was the deferred adjudication for?
Customer: replied 2 years ago.
I dont know if the case was ever dismissed . I completed my community service and probation .no im not on probation . The case was nof assault with a deadly weapon
Expert:  xavierjd replied 2 years ago.
Sorry for the delay.

Under Texas law, a "deferred adjudication" is NOT a conviction. However, if you were given a deferred adjudication for a felony, you must wait 5 years to ask the court for a non-disclosure order. Even if you are successful in getting a non-disclosure from the court, there is a laundry list of entities that will still be able to discover the existence of the deferred -- broadly, any state agency that issues licenses or certifications; and any private entity that is responsible for the safety of children or the elderly, as well as some private entities that hire people for security-sensitive positions.

However, a successful deferred will still impact a job search. It can disqualify a person in some instances from owning a gun or getting licensed by the state in professional capacity. If a person is an immigrant, it can impact applying for citizenship.

 

With respect to firearms, you may possess firearms and ammunition and go hunting but you cannot buy additional weapons or ammunition or carry them across state lines.

 

You may wish to speak to an attorney who specializes in getting deferred adjudications made non-public. The attorney may also give you advice regarding the firearms law. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the facts of your case, evaluate your options, and decide how to proceed. Remember, just because you received a deferred adjudication, does NOT mean that it is NOT accessible the the public. However, given the crime for which you received the deferred adjudication, you will have to wait 5 years in order to file a Petition for Non-Disclosure.

 

I hope you find this information useful. If you have follow up questions, please ask. If you are satisfied with my answer, PLEASE PRESS THE GREEN ACCEPT BUTTON so that the thread can be closed and I can get credit for answering the question. Thank you.

 

 

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