Texas Deferred Adjudication & Gun Ownership: What’s The Deal?

There are a lot of points of confusion surrounding Texas deferred adjudication and gun ownership, and therefore we get a lot of questions about buying a gun after deferred adjudication. Some of the more common inquiries are:

• Does deferred adjudication count as a conviction in Texas? 
• Do state and federal laws view deferred adjudication differently? 
• Can you get a CHL with a deferred adjudication? 
• Can you get an LTC after deferred adjudication?

And most importantly: Can I own a gun after deferred adjudication in Texas at all?

Before you can adequately answer these questions, you first need to understand the basics of deferred adjudication and how it affects your criminal record. Let’s review these facts and then delve into the larger questions surrounding Texas deferred adjudication and gun ownership. 

The Houston criminal lawyers at Thiessen Law Firm are here to answer these questions and more. If you or a loved one is concerned about gun rights due to facing criminal charges, and need an attorney to help guide you, call Thiessen Law Firm today at (713) 864-9000 to request a consultation. 

Does deferred adjudication count as a conviction in Texas?

What is deferred adjudication? An important thing to keep in mind about Texas deferred adjudication and gun ownership is this: Deferred adjudication is not a conviction. 

If a judge chooses to defer adjudication, it means that they have found enough evidence for a conviction but have “deferred” a finding of guilt. The court has not sentenced you but placed you on a period of community supervision. Most of the conditions of deferred adjudication are similar to those of a conviction and may include community service hours, some type of rehabilitative course, a fine, and more.

Once you complete the requirements of your deferred adjudication, your charges will be dropped. The big caveat is this: although your case has been dismissed, it won’t be wiped from your record. The charge and the disposition remain on your record.

Does deferred adjudication show up on a background check in Texas?

It’s tricky. As we said, the charge and the disposition will remain on your record, meaning they would show up on a background check in Texas, but you may be able to seal them from public view.

However, this procedure is not automatic. You must file a petition for non-disclosure after you have completed the requirements of your deferred adjudication (and sat out any required waiting periods). 

If you do not have a non-disclosure, then both the charge and the fact you completed deferred adjudication will show up on a background check. In other words, your deferred adjudication can impact your job search, your ability to own a gun, as well as many different situations and opportunities in which a complete background check is required.

Those wondering how to get deferred adjudication in Texas should note that certain offenses are not eligible for non-disclosure, including any of the following:

• Sex crimes
• Murder
• Family violence
• Assault charges
• Kidnapping
• Weapon offenses — even 1st time gun charges 

Can an adjudicated felon own a gun in Texas?

Finally, according to Texas law, since there is not yet a conviction, you can own a gun while on deferred adjudication unless there is a specific order in the judgment deferring guilt (this assumes you are otherwise eligible to own a firearm).

But what about federal law? Is deferred adjudication a conviction under federal law? Would it bar you from legal gun ownership?

Unlike state law, when it comes to federal law, you cannot own a gun until you have completed the requirements of your deferred adjudication. However, once you have completed your deferred adjudication, you may own a firearm or carry a handgun with an LTC (after observing the required waiting periods and receiving approval).

Learn more about buying a gun with a deferred felony.

Can you get a concealed carry after deferred adjudication?

The Texas Concealed Handgun License (CHL) is now called the Texas License to Carry (LTC). Wondering if you can get a Texas concealed carry license during or after deferred adjudication? You can, but there is a waiting period. 

• The waiting period to get an LTC after completing a deferred adjudication for a misdemeanor is five years.
• The waiting period to apply for an LTC after deferred adjudication for a felony is ten years. 

This waiting period also pertains to sealed cases; even if you’ve waited five years and you’ve sealed your record from public view, the licensing board will still be able to pull up your record and deny your LTC request. 

Learn more with our go-to guide on gun rights in Texas.

What disqualifies you from owning a gun in Texas?

In Texas, several factors can disqualify someone from owning a gun. If you fall under the following categories, you will be disqualified from owning a gun:

• Convicted felons
• Individuals with certain domestic violence convictions
• Those subject to active protective orders 
• Some people with a history of mental illness, as determined by a court
• Anyone under 18 years of age for long guns, and under 21 for handguns 
• Anyone with a dishonorable discharge from the military
• Illegal immigrants
• Those convicted of specific drug-related offenses 

It’s important to consult the most up-to-date state and federal laws to understand the complete list of disqualifications, as these regulations frequently change over time at both the state and federal levels. 

Wondering how to get deferred adjudication in Texas? Call Thiessen Law Firm today.

If you’re charged with a crime and want to own a gun, it’s important to understand how the laws surrounding Texas deferred adjudication and gun ownership can affect your life and your gun rights. That’s why we’re here. We are a decorated and respected law firm that can not only help you understand the ins and outs of your case but also give you the best shot at avoiding conviction the first time around. 

If you or a loved one are facing a case you can’t afford to lose, you can’t afford to hire just any lawyer. Hire attorneys who take cases to court and win them, like those from Thiessen Law Firm, if you truly want to protect your freedom — and your gun rights.

If you have any questions about your gun rights and are wondering if Thiessen Law Firm can help you, please fill out this form.

If you are facing criminal charges and need a winning criminal attorney, call Thiessen Law Firm today at (713) 864-9000 or contact us online to request a consultation. 

More Helpful Articles by Thiessen Law Firm: 

• Can You Buy a Gun with a DWI Charge in Texas?
• What States Honor Texas Concealed Carry Reciprocity?
• Can a Convicted Felon Own a Gun in Texas?
• Unlawful Carrying of a Weapon in Texas: Charges, Rights, & Jail Time
• Can You Buy a Gun with a Misdemeanor Drug Charge?

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