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  1. #1
    Join Date
    Aug 2014
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    4

    Default 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?

  2. #2
    Join Date
    Nov 2013
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    Pennsylvania
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    806

    Default 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.

  3. #3
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    Default 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?

  4. #4
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    Default 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.

  5. #5
    Join Date
    Mar 2013
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    16,962

    Default 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?

  6. #6
    Join Date
    Aug 2014
    Posts
    4

    Default 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 the court disposition was set aside and any plea or conviction was withdrawn.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?

  7. #7
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    Default 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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