Legal Question in Criminal Law in Texas

If indictment was dismissed, are all rights restored

If convicted of a felony, but then after probation, the discharge says ''The Indictment against such defendant is hereby dismissed, and the defendant be, and he is released from all penalties and disabilities resulting from the crime or offense of which he has been convicted, except that proof of said conviction shall be known to the Court should the defendant agian be convicted of any criminal offense''.

Do I have a conviction on my record? Do I have all rights, including gun ownership? A background check reveals conviction, with no mention of Dismissal. Why?


Asked on 6/12/02, 7:20 pm

1 Answer from Attorneys
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: If indictment was dismissed, are all rights restored

Don't be too fast in getting your hands on some guns. Careful research into the current state of the law needs to be done in your case first, because the law has been fluctuating on this very question for some time. I remember seeing a blurb about a case that held that language in a probation discharge order meant what it says, but I am not sure that case has been upheld, or is good law to follow. I do know that it runs contrary to what was the law previously. Also, there is the question whether or not such an interpretation is valid under federal law. State law may or may not affect the application of federal laws in this context, and careful evaluation needs to be done to decide. I enjoy doing this sort of legal research; so if you want a lawyer with an interest in your issue, give me a call.

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Answered on 6/13/02, 8:06 pm


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