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Deferred Adjudication and Gun ownership

Longmont, CO |

In Texas in June of 1999 I led Guilty to a Felony theft charge and received a deferred adjudicated sentence . I completed the probation in June of 2004 and I have not been in any trouble since then . Fast forward to 2013 and the BI denied me for a firearm purchase . Does Colorado view a deferred sentence as a conviction ? Should I appeal ?

It should read **CBI*** and I have lived in Colorado for the last 10 years and am currently a resident. thank you

Attorney Answers 4


  1. Best answer

    A common problem with CBI records, and other law enforcement agency records, is that those agencies do not track what happens to a case after an arrest is made. That information will be in a court file, not a law enforcement agency file, and courts do not report to law enforcement agencies. If your case ultimately ended in a dismissal of all charges, get a certified copy of the court record from the court and send it to the CBI with a cover letter asking the CBI to update your record to show that all charges were dismissed. Until you provide them with that record, their knowledge of your case ended with the arrest.

    www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.


  2. Coloraod does not view a deferred "sentence" as a conviction, but it is difficult from your post to tell exactly what happened. Bring your paperwork to a local criminal defense attorney so that you can be fully apprised of your rights.

    Good luck to you.

    DD

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. A deferred adjudication is not a conviction under Texas law. The Feds treat a deferred as a conviction. You can go back and get your Texas case records sealed.
    www.austincriminaldefenseattorney.com
    Austin Jail Release and Bond Assistance
    512-495-1813
    Austin Probation Lawyer
    Texas Expungement Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com


  4. Check with the judicial district where you pled. It might be as simple as the record being misreported. That seems to happen a lot with Deferred Sentences. If that's the case, ask the local court to send in a corrected record that shows not only that it was a deferred, but that you successfully completed it.

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