Gun buying question

[tvc184]

I have completed everything. It's over 10 years old and still shows up. I talked to my lawyer and he said the state screws people all the time by not taking them off. It's going to cost me 1500 dollars to get my record sealed. No expunge no fall

If I run a criminal history at work, it should show an arrest but not a conviction.

I don't know if you can ever erase and arrest record. I have read plenty of threads and opinions on expungements and sealing records but I am not sure how a person entirely erases computer files from such a massive system. It probably works for job applications and background checks.

[tvc184]

I have no idea how that works on a background check from an FFL. A manual background check should clear it in a perfect world. I am thinking this world is far from perfect however.

[Old Bald Guy]

If you got deferred adjudication and satisfactorily completed the terms of probation you are good to go. It will show on your record under disposition as deferred and doesn't stop you from owning or buying a firearm. I don't think you can get a CHL though since for some reason they consider deferred as a conviction.

Here is an example:
Disposition (Judicial Officer: ***X ***XX)
1. THEFT BY CHECK >$1,500<$20K
Deferred

[Terry]

Not a State offense but still a Federal offense

[Ntxbowhunter]

That's exactly what it shows. I have seen what pulls up. But didn't know what it means from a gun buying stand point.

[Ntxbowhunter]

I though federal was more lienent with it and state was harder.

[Old Bald Guy]

If I run a criminal history at work, it should show an arrest but not a conviction.

I don't know if you can ever erase and arrest record. I have read plenty of threads and opinions on expungements and sealing records but I am not sure how a person entirely erases computer files from such a massive system. It probably works for job applications and background checks.

As long as his record shows the disposition the transaction will be approved after a hold for further review-usually takes about 5 minutes. Without the disposition he will get a delay and NICS won't call back--transaction still goes through but after the 3 business day delay. I've read that in some counties in Texas 30-40% of the criminal cases never had the disposition added to the arrest records which has made life hell for people who were charged with a crime but not convicted.

[Old Bald Guy]

Not a State offense but still a Federal offense

Not true.

That's exactly what it shows. I have seen what pulls up. But didn't know what it means from a gun buying stand point.

Guaranteed it is not a conviction and does not prevent you from passing the NICS background check. Call the ATF field office in San Antonio (210) 805-2777 and they will answer your questions.

[30-30]

I have heard that black powder firearms can be an option. Is this true?

[Ntxbowhunter]

Will the ATF field office be able to run it and see if I'm good to go?

[tvc184]

Not a State offense but still a Federal offense

I don't think that is correct. A deferred sentence is not a conviction and if successfully served, never becomes a conviction. They do recognize deferred as under indictment while still being served.

If you are talking about a final felony conviction (or family violence) where Texas says that you can have a gun in the home after five years, you are correct. The federal law does not recognize the five year limitation.

[Old Bald Guy]

Will the ATF field office be able to run it and see if I'm good to go?

Don't know the answer to that but they have always been very helpful when I've called with questions.

[txfireguy2003]

I'm not sure how the NICS system looks at it, but I know how I look at it from an employment standpoint.

"Deferred adjudication" is a technical thing, whereby in order to be placed on deferred adjudication, you had to have been convicted in the court, the judge just opted to defer in the sentencing portion. In other words, if you were truly not guilty of the crime, you would have been found not guilty and charges dropped, showing no conviction on your record. In a deferred adjudication situation, you were convicted, but the judge opted to remove the conviction upon successful completion of your sentence, which is generally probation, some classes etc like TVC stated. In my line of work, any felony conviction is an automatic disqualification with both my agency and with the state licensing organizations (Texas Commission on Fire Protection, Texas Department of State Health Services, and in cases like mine, Texas Commission on Law Enforcement), therefore, if you show a deferred adjudication for a felony offense on your record, you are barred from employment with my agency. it sucks, as I've had a few really decent guys come through who would make awesome firemen, but they made a mistake early in life, dealt with it, learned from it and got back on track, but it's still haunting them sometimes 15+ years later. It's really difficult to tell a guy that looks like a model citizen and stellar employee with numerous excellent references, but one hiccup in his background, "Sorry, but that time you got caught back in 1999 with some drugs.....yeah, that's going to disqualify you."

Again, I'm not sure how the firearms thing goes, and in reality, I'm not sure how I feel about it either way. For some, like you who made a youthful mistake a little too late (into legal adulthood), I feel that once you have served your sentence and gotten back on track, you should be able to regain your rights, on the other hand, many if not most felons are not like you, and even though they may not have any new charges, they are still unsavory folks who just haven't been caught again.

I wish you the best of luck, and I hope you'll let us know what you find out as I'd like to know the answer.

[Ntxbowhunter]

Update. I went to academy this morning and he wouldn't do a Ncis. I called that ATF number and they said as long as it was deferred go to the county clerk and make sure the final disposition is on file and I should be good to go.

[Artos]

I'm not sure how the NICS system looks at it

The way it was explained to me at an ATF meeting is there are three main systems cross referencing your information...It has been a reliable & quick check just up until the recent craze.

I have had a customer get a delay, with a follow up proceed & two weeks later get a deny. NICS was great when I gave the previous NTN # and said this is the same gent. They called right back & got the proceed...they cannot give me any explanation for privacy reasons, but I suspect there is a bad guy with the same name as his is common.

Then just last month I had a Federal LE buddy who never had a delay in his life get one...he was upset and wanted the Beretta for a clay shoot the next day & had paid expedited shipping to get it. I told nics about the buyers profession & would appreciate an urgent check. They called back in a few hours with his proceed. I told him that is why the chl is so helpful for any & all buyers. Especially at gun shows where you may be out of town and cannot hook back up for the proceed & walk away from a deal.

I think the systems gets overwhelmed at times due to high volume of calls...

~~~~~

To the OP...glad to here you got some positive news, but please be prepaired for a delay as you can see these systems are not perfect & you very well likely could get pinged & will take a NICS examiner some time to review your case.

Best of luck...