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Purchasing a Firearm After a Felony Drug Conviction is Set Aside

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  • 08-13-2014, 12:48 PM
    zrader1123
    Purchasing a Firearm After a Felony Drug Conviction is Set Aside
    My question involves criminal law for the state of: Texas

    Recently got a set aside for a felony drug conviction. Texas DPS has updated it on my record. How long do I have to wait to pass the NICS backgroung check to buy a firearm?
  • 08-13-2014, 01:21 PM
    PADriver13
    Re: Drug Convictions
    Don't quote me, but I believe it is 5 years from the END of your punishment and even after the 5 years you are still restricted to possession only while on your premises.
  • 08-13-2014, 01:22 PM
    Mr. Knowitall
    Re: Purchasing a Firearm After a Felony Drug Conviction is Set Aside
    We're talking here about the setting aside of a probation conviction, a/k/a judicial clemency?
  • 08-13-2014, 01:26 PM
    PADriver13
    Re: Purchasing a Firearm After a Felony Drug Conviction is Set Aside
    Disregard my response - I misread OPs question. My response pertains to someone who is convicted of a felony.
  • 08-13-2014, 01:27 PM
    adjusterjack
    Re: Purchasing a Firearm After a Felony Drug Conviction is Set Aside
    Quote:

    Quoting zrader1123
    View Post

    Recently got a set aside for a felony drug conviction.


    Please explain exactly what you mean by that.

    Was the conviction itself set aside? Like the equivalent of a not guilty?

    Or something else?
  • 08-14-2014, 04:07 PM
    zrader1123
    Re: Purchasing a Firearm After a Felony Drug Conviction is Set Aside
    Yes! the court disposition was set aside and any plea or conviction was withdrawn. The crazy thing it it finally updated the set aside on my record and it is gone!!! as in no account of it..no arrest and no court info....how can this be?
  • 08-15-2014, 06:58 AM
    Mr. Knowitall
    Re: Purchasing a Firearm After a Felony Drug Conviction is Set Aside
    If your conviction is vacated by the court following "judicial clemency" for a probation conviction, then the conviction no longer exists. It is thus removed from your record and does not constitute a conviction for purposes of restrictions on your civil rights.
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