I was arrested and pled guilty to a charge of “Assault-Bodily Injury Level MA” in 9/1986. Texas - Harris County Court sentenced me to 1-year probation and successfully completed. To this day, I still maintain that I was innocent. The “alleged” victim was my “crap-weasel” biological mother who pressed charges against me. I’m 100% convinced that her “alleged” injury (picture of a bruise on her arm) was self-inflicted. She was a very manipulative human being who always had to “win” regardless who she had to stomp on.
The prosecutor scared me into pleading “guilty” with the premise that if I pled “not-guilty” and somehow lost, I would most definitely go to jail. Hind sight is 20/20. I should have fought this issue.
Fast forward to 2019. I’m applying for my Texas LTC permit. Will this charge that occurred 33 years ago (@age 21) prevent me from obtaining my LTC permit in the State of Texas? The Domestic Violence Act didn’t come into play until 1996 (10 years later). From what I understand, enforcement is retroactive regardless of previous conviction dates.
Looking forward to your advice.
Sorry, John, but sometimes we make mistakes that stick with us our entire lives. When you pled guilty, you sealed your fate.
Your only "hope" would be a pardon by the governor and that just isn't going to happen. I wish there was a better answer, but there really isn't.
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You are stuck under the current system. License to Carry laws, even though uniquely ex post facto, are not your answer. You have "pardon from the Governor", but that is not realistic. The people who review that application will question, without attempting to answer, why you want a license to carry permit. They will resolve the question against you EVERY TIME, when on the downside is the potential for YOU to use your LTC firearm in a horrendous crime, and the Governor of Texas allowed YOU to do it by pardoning the CRIME for which YOU previously could not carry a firearm. The political bull "stuff" that surrounds what you are wanting to get done is galactically ignorant. So it would appear you are stuck! Appearances CAN be deceiving. You can ATTEMPT accomplishing what you want done, but your chances of success are SLIM, very SLIM. Guy goes into a bar. While having a drink he sees this incredibly beautiful young woman at the next bar stool, and overcome with her beauty he asks her if there was any chance they could go out? She says, "About a million to one." He gets this big toothy smile on his face, and the beautiful woman asks him, "Why are you smiling?" And the guy says, "Because you're saying I have a chance." THAT SLIM. Here's your shot: (1) Go to the courthouse where you pleaded guilty and retrieve all the paperwork. Every piece; (2) Go to the prosecutor's office and them for a copy of your file. All you want is the offense report; (3) Go to the lawyer who represented you. See if that file is still available, and if it is, get it; (4) Call every post-conviction lawyer you can call, beginning with AVVO post-conviction lawyers; If you find one willing to try to set aside a 33 year old conviction grab onto that lawyer; (5) Before paying make sure he/she knows the procedure unique to your case; (5) The writ is an "Application for a Post-Conviction Writ of Habeas Corpus", and it is filed pursuant to Ch. 11 Texas Code Criminal Procedure, in your the court where you pled guilty. There are three issues: Texas writ law since 2010; the "custody" requirement; and "collateral consequences" issues. Your plea of guilty was not "freely, voluntarily and knowingly entered'. A lawyer could have precluded it. The prosecutor knew this, and took the plea without you having a lawyer. Had you know what you were waiving when you waived counsel, leaving yourself victimized by an ex post facto law years later, you would not have pled guilty. You are not expected to consider such. Since it happened, the State of Texas is responsible for your misdemeanor conviction. You have a right to make them prove you guilty if they are going to use it against you now. Your goal is not winning at this stage. You probably will not. Maybe the judge will give you a break, but don't hold your breath. All you are looking to accomplish here is to get the case to the court down the road where you might possibly win! You have to go through this step anyway. The law often makes you go through one process knowing you cannot win to get to another, where you might. This may be a bit expensive. There is a lot of work to do. Yours will be the FIRST CASE. First is always tough! In the meantime, get the LTC statute and read it. The Legislature NEVER intended the law apply so as to apply to your situation. Now how do you feel after being told you have NO chance to get it. While you are getting your paperwork, you might try this: Apply for it, disclose the conviction from 1986 that you were convicted of assault, attach a copy of your "assault" judgment, and wait for the answer. You might get lucky. Save you some money. Give you some time to think.Then if you are turned down, you make your decision. Hope this has been helpful, I really hope you can get your LTC, just by applying. Seems idiotic to let you own a firearm, and not let you carry it over something not a felony. Hope this helps. Good luck.
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