Can I Purchase a Gun While on Deferred Adjudication in Texas?
Deferred adjudication is a unique legal process available in Texas that can significantly impact your criminal record and future opportunities. However, many individuals are unaware that this status can restrict their ability to purchase firearms. This article provides crucial information to help you understand the implications and potential consequences of attempting to buy a gun while under a deferred adjudication in Texas.
The Myths Surrounding Deferred Adjudication in Texas
One of the most common misconceptions in Texas criminal law is the belief that successful completion of a deferred adjudication will completely remove the criminal charge from your record. In reality, deferred adjudication records do not automatically disappear. Successful completion typically means that the charges are dismissed, but the record remains as a matter of public record, which can be accessed by law enforcement, employers, and weapons dealers.
To protect your privacy, you must file a petition for non-disclosure to seal the record. However, not all offenses are eligible for non-disclosure, and the process can also be lengthy and complex. Moreover, for felony charges, you must wait five years from the end of your probation before you can even attempt to file for non-disclosure.
Understanding the legal intricacies of deferred adjudication is crucial, as it can directly impact your rights and opportunities. One of the most significant areas of concern is the restriction on firearm ownership. Here’s a detailed look at how deferred adjudication affects your ability to purchase a gun:
Firearm Ownership and Deferred Adjudication
Finishing a deferred adjudication does not result in a conviction in the traditional sense. However, this status can still impact you in several ways, including employment, licensing, and firearm ownership. Specifically, Texas law stipulates that purchasing or attempting to purchase a firearm while on deferred adjudication is not advisable and can lead to serious legal complications.
The NICS Process and Probation Supervision
When an individual attempts to purchase a firearm, the National Instant Criminal Background Check System (NICS) will contact their probation department to inquire about any conditions that might bar them from receiving a firearm. The probation department will be asked whether there is a condition of supervision preventing the individual from owning or processing a firearm. Additionally, the NICS may investigate whether the individual’s offense involved drugs, alcohol, or whether they tested positive for drugs while on probation.
If the NICS discovers any such condition, the transfer of the firearm will be denied. Furthermore, the judge who oversaw your case will also be notified that you attempted to purchase a firearm. If a prohibition on this activity exists, there is a chance that the judge may file a motion to adjudicate guilt. This means the court would formally charge you with the offense, leading to a court appearance, potentially leading to further penalties, and likely impacting your deferred adjudication status.
Legal Implications and Expert Advice
It is essential to be fully informed about the legal implications of deferred adjudication and firearm ownership. In Texas, attempting to purchase a firearm while on deferred adjudication can raise red flags with both the probation department and the NICS. These actions can lead to administrative complications, such as the denial of a firearm transfer, or legal proceedings, such as a motion to adjudicate guilt.
The information in this article is based on careful research and is intended to provide guidance. However, it is strongly recommended that you consult with a legal professional if you have any concerns or questions about your specific situation. The legal landscape can be complex, and the expertise of a lawyer can be invaluable in navigating these challenges.
Conclusion
Deferred adjudication in Texas can have far-reaching effects on your life, including restrictions on firearm ownership. Understanding these restrictions and the legal processes involved is crucial. If you are considering purchasing a firearm while under deferred adjudication, it is advisable to seek legal counsel to ensure you are in compliance with all relevant laws and regulations. Ignorance of the law is no excuse, and taking the time to understand the implications of your status is essential for your personal and professional well-being.