eligibility question

[sliprammkorn]

So I've been researching this for a while now before I send in an app for a chl and possibly lose the $150 fee for nothing. First, I was arrested on 07/16/09 for class b poss. of marijuana and ordered to differed adjudicated probation on 11/17/09 for a period of 12 months. From what I've read, this counts as a conviction and I'd have to wait 5 years from the date of disposition to apply. If correct I would at least have to wait until 11/17/2014 before being eligible. Now here's the hard question. I understand that if one is convicted twice within the previous 10 years for alcohol or drug involved cases, that person is considered to be chemically dependent. I was arrested in 2007 or 2008, (not sure what the date was as I can't find the records for that case) for class b possession of marijuana. I was under 18 and was ordered with the "memo agreement" through Dallas county. Now two questions I need help with. One, does a memo agreement count as a conviction when applying for a chl? I've gotten conflicting answers and as far as I've read it really doesn't count as a conviction, probation, or differed adjudicated probation. Two, since I was under 18 does it still get looked at as anything when applying for a chl since youth criminal records should be sealed. If anyone could shed some light on this for me, I would greatly appreciate it.

[WildBill]

So I've been researching this for a while now before I send in an app for a chl and possibly lose the $150 fee for nothing. First, I was arrested on 07/16/09 for class b poss. of marijuana and ordered to differed adjudicated probation on 11/17/09 for a period of 12 months. From what I've read, this counts as a conviction and I'd have to wait 5 years from the date of disposition to apply. If correct I would at least have to wait until 11/17/2014 before being eligible. Now here's the hard question. I understand that if one is convicted twice within the previous 10 years for alcohol or drug involved cases, that person is considered to be chemically dependent. I was arrested in 2007 or 2008, (not sure what the date was as I can't find the records for that case) for class b possession of marijuana. I was under 18 and was ordered with the "memo agreement" through Dallas county. Now two questions I need help with. One, does a memo agreement count as a conviction when applying for a chl? I've gotten conflicting answers and as far as I've read it really doesn't count as a conviction, probation, or differed adjudicated probation. Two, since I was under 18 does it still get looked at as anything when applying for a chl since youth criminal records should be sealed. If anyone could shed some light on this for me, I would greatly appreciate it.

Welcome to the forum sliprammkorn [that's quite a moniker]. Your situation sounds complicated enough that you should contact an experienced lawyer to help sort this out.

[bizarrenormality]

You should talk to a Dallas area lawyer familiar with the "memo agreement" but to a normal person it sure sounds a lot like deferred adjudication by a different name.

http://www.dallasda.co/webdev/new-initi ... agreement/" onclick="window.open(this.href);return false;

Defendants participating in the Memo Agreement must successfully complete all terms of the agreement (examples include restitution, community service hours, course work, etc.) within the allotted period of time. Upon completion of the requirements, the defendant’s case is dismissed.

Did you have to plead guilty to get the memo agreement?

[WildBill]

You should talk to a Dallas area lawyer familiar with the "memo agreement" but to a normal person it sure sounds a lot like deferred adjudication by a different name.

http://www.dallasda.co/webdev/new-initi ... agreement/" onclick="window.open(this.href);return false;

Defendants participating in the Memo Agreement must successfully complete all terms of the agreement (examples include restitution, community service hours, course work, etc.) within the allotted period of time. Upon completion of the requirements, the defendant’s case is dismissed.

Did you have to plead guilty to get the memo agreement?

Your situation sounds complicated enough that you should contact an experienced lawyer to help sort this out.

[sliprammkorn]

I basically got 2 months of "not" probation. Just couldn't get any more charges, complete 2 UA's on my own time wherever i wanted (hospital), and complete the little drug education class. The case was dismissed and when i tried looking up the case documents from the county clerk, there weren't any records of it. That's why some people say it sounds like differed and it will count as a conviction during a CHL background check, and others think its just a bargain deal for first time offenders that gets your case thrown out. I don't know any lawyers that would give me an answer without me probably having to pay for it. It would probably be cheaper just to go for it and apply next year and hope for the best. Was just seeing if anyone here might know how a memo agreement was counted as.

[WildBill]

I basically got 2 months of "not" probation. Just couldn't get any more charges, complete 2 UA's on my own time wherever i wanted (hospital), and complete the little drug education class. The case was dismissed and when i tried looking up the case documents from the county clerk, there weren't any records of it. That's why some people say it sounds like differed and it will count as a conviction during a CHL background check, and others think its just a bargain deal for first time offenders that gets your case thrown out. I don't know any lawyers that would give me an answer without me probably having to pay for it. It would probably be cheaper just to go for it and apply next year and hope for the best. Was just seeing if anyone here might know how a memo agreement was counted as.

Other than what I read in this thread, I don't know what a memo agreement is. I also don't know what "not probation" or "UA" is. Did you get a copy of "No Records Found" from the County Clerk?

[MoJo]

ALL juvenile criminal records are open when it comes to CHL eligibility/background checks. The advise to consult an attorney is dang good advise.

Like Wild Bill, I don't know anything about a "memo agreement." If the offense as a juvenile is considered a substance abuse conviction then you might well be considered "chemically dependent" then you are ineligible for 10 years after the disposition of the last case.

To give you an example - - - a person is convicted of DUI in January 2010 and paid a fine. Then, in October 2013 he is convicted of possession and use of marijuana and sentenced to 18 months probation. For CHL this is would be a chemically dependant person. His probation is finished in April 2015, and he is then eligible for a CHL in April 2025.

Good luck, and welcome to the forum.

[mikeloc]

The time starts from the court date not the end of probation. If only the October 2013 convection he would be eligible after October 2018.
But, because of the January 2010 convection along with the October 2013 convection the ten year rule applies and he would be eligible after January 2020.

Mike Lochabay