Legal Question in Civil Litigation in Texas
I received a State Jail Felony in 2004, I did ot lose my rite to vote(they send me a new "VOTER REGISTRATION CERTIFICATE" every year. When I rcvd the felony(possesion of controllred substance less than 1 gram) I got a DEFERRED ADJUDICATION. My question is am I allowed to own a gun? And the deferred thing is a crock, nothing has been deferred I far as I can see.
1 Answer from Attorneys
Correct me if wrong:
In 2004, you agreed to Deferred Adjudication (DADJ) of a State Jail Felony for the Possession of a Controlled Substance < 1gm (Poss Ctld Sub < 1g)
I assume you have successfully completed all terms and conditions of the DADJ.
Right to Vote: Deferred adjudication is not a conviction and should not affect your right to vote.
Right to Own a Firearm: You need to call DPS to confirm but the first thing that comes to mind is PC 46.06 UNLAWFUL POSSESSION OF FIREARM. (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community
supervision, parole, or mandatory supervision, whichever date is later.
Once again, the deferred is not a conviction.
Sure you enter a plea but the take home message is you are promising not not get into any more trouble and they will not process this if you keep your word.
Now, you still want to go back and file for the records to be sealed.
you need to file for an oder of non-disclosure
this may help http://app.dao.hctx.net/FAQs/4/Other_Divisions/7/Deferred_Adjudication.aspx
you can do this alone, without the need to pay an attorney