Texas CHL Eligible or Disqualified

[Chetter818]

Ok i need some help because i have read the CHL book and looked at several sights and i am still unclear and would like some help from someone that may be able to enlighten me. In 2002 when i was young and dumb i was arrested for Possession of a controlled substance less than a gram. Mind you those days are well behind me. I have spent alot of time and energy turning my life around and can honestly say i have been a model citizen since. i was arrested in August of 2002 had a not so good lawyer who drug things on and on and on then in January of 2004 the DA presented me with differed adjudication on a state jail felony. Well needless to say i made it through flawlessly and did everything i was asked to do and completed it as asked. I know i was wrong but i re payed my debt to society and it made me a better person for it. so my question is that i would like to get my CHL but dont really now if i am eligible and if i am not when i will be. Again i have read the Texas CHL Book and i am still unclear of this. I have all the paperwork of my completion and release after my time was complete. I appreciate the help guys. Thanks and happy to be a new member on the forum.

[RPBrown]

First, welcome to the forum. There are a lot smarter people here than I am and sure one will come along shortly with a solid answer but I do believe that you are eligible.

[Chetter818]

Thank you great to be here. By the way i forgot to mention this but my completion date was 1/16/06 if that matters for anything.

[FML]

You should be eligible ten years after the "order of deferred adjudication was entered against" you.

[Chetter818]

FML: thank you after all the reading and research I have done that is my opinion as well and I even called Austin a few weeks ago and the lady who I spoke with there didn't really know either and all she could tell me is submitt the paperwork and see if it gets approved. Well I only want to do that if I stand a decent/fair shot of being approved. Then I found you guys.

[PBR]

You should be eligible ten years after the "order of deferred adjudication was entered against" you.

i do think its 10 yrs from conviction time -- my friend that went with me and took the course had a felony possession that had been deferred adjudicated -- it had been 8 yrs from the deferred and 10 yrs from the conviction time -- he got his chl

[Chetter818]

That's great news thank you PBR.

[infoman]

You would be disqualified 10 years from judgment/sentence date. In other words the date you were given deferred adjudication.

[WildBill]

Ok i need some help because i have read the CHL book and looked at several sights and i am still unclear and would like some help from someone that may be able to enlighten me. In 2002 when i was young and dumb i was arrested for Possession of a controlled substance less than a gram. Mind you those days are well behind me. I have spent alot of time and energy turning my life around and can honestly say i have been a model citizen since. i was arrested in August of 2002 had a not so good lawyer who drug things on and on and on then in January of 2004 the DA presented me with differed adjudication on a state jail felony. Well needless to say i made it through flawlessly and did everything i was asked to do and completed it as asked. I know i was wrong but i re payed my debt to society and it made me a better person for it. so my question is that i would like to get my CHL but dont really now if i am eligible and if i am not when i will be. Again i have read the Texas CHL Book and i am still unclear of this. I have all the paperwork of my completion and release after my time was complete. I appreciate the help guys. Thanks and happy to be a new member on the forum.

Welcome to the forum Chetter818.

I don't want to beat you up too much. I don't know your lawyer, so I don't know why you think he was not so good.
You may have been young and dumb, but you are the one who committed the crime, got arrested and accepted the differed adjudication.
Just because you now don't like the outcome, doesn't make him a not so good lawyer.
Cases can and do drag on regardless of the lawyer. Sometimes it is better if they "drag on". Sometimes not.

If you are a model citizen, I suggest you find a "good" lawyer and try to get your conviction expunged.
It will cost you time and energy and money, but it will make your life easier in the future when applying for jobs.

[jbarn]

Ok i need some help because i have read the CHL book and looked at several sights and i am still unclear and would like some help from someone that may be able to enlighten me. In 2002 when i was young and dumb i was arrested for Possession of a controlled substance less than a gram. Mind you those days are well behind me. I have spent alot of time and energy turning my life around and can honestly say i have been a model citizen since. i was arrested in August of 2002 had a not so good lawyer who drug things on and on and on then in January of 2004 the DA presented me with differed adjudication on a state jail felony. Well needless to say i made it through flawlessly and did everything i was asked to do and completed it as asked. I know i was wrong but i re payed my debt to society and it made me a better person for it. so my question is that i would like to get my CHL but dont really now if i am eligible and if i am not when i will be. Again i have read the Texas CHL Book and i am still unclear of this. I have all the paperwork of my completion and release after my time was complete. I appreciate the help guys. Thanks and happy to be a new member on the forum.

Welcome to the forum Chetter818.

I don't want to beat you up too much, but I don't know your lawyer, so I don't know why you think he was not so good.
You may have been young and dumb, but you are the one who committed the crime, got arrested and accepted the differed adjudication.
Cases can and do drag on regardless of the lawyer.
Sometimes it is better if they "drag on". Sometimes not.

If you are a model citizen, I suggest you find a "good" lawyer and try to get your conviction expunged.
It will cost you time and energy and money, but it will make your life easier in the future when applying for jobs.

Expunctions are only available to those who had their charges dismissed or were acquitted, or a pardon for innocence was granted. Deferred's do not qualify

[tomtexan]

Ok i need some help because i have read the CHL book and looked at several sights and i am still unclear and would like some help from someone that may be able to enlighten me. In 2002 when i was young and dumb i was arrested for Possession of a controlled substance less than a gram. Mind you those days are well behind me. I have spent alot of time and energy turning my life around and can honestly say i have been a model citizen since. i was arrested in August of 2002 had a not so good lawyer who drug things on and on and on then in January of 2004 the DA presented me with differed adjudication on a state jail felony. Well needless to say i made it through flawlessly and did everything i was asked to do and completed it as asked. I know i was wrong but i re payed my debt to society and it made me a better person for it. so my question is that i would like to get my CHL but dont really now if i am eligible and if i am not when i will be. Again i have read the Texas CHL Book and i am still unclear of this. I have all the paperwork of my completion and release after my time was complete. I appreciate the help guys. Thanks and happy to be a new member on the forum.

Welcome to the forum Chetter818.

I don't want to beat you up too much, but I don't know your lawyer, so I don't know why you think he was not so good.
You may have been young and dumb, but you are the one who committed the crime, got arrested and accepted the differed adjudication.
Cases can and do drag on regardless of the lawyer.
Sometimes it is better if they "drag on". Sometimes not.

If you are a model citizen, I suggest you find a "good" lawyer and try to get your conviction expunged.
It will cost you time and energy and money, but it will make your life easier in the future when applying for jobs.

Expunctions are only available to those who had their charges dismissed or were acquitted, or a pardon for innocence was granted. Deferred's do not qualify

That's what I was thinking. I was under the impression that any felony on record was a disqualifier.

[WildBill]

Ok i need some help because i have read the CHL book and looked at several sights and i am still unclear and would like some help from someone that may be able to enlighten me. In 2002 when i was young and dumb i was arrested for Possession of a controlled substance less than a gram. Mind you those days are well behind me. I have spent alot of time and energy turning my life around and can honestly say i have been a model citizen since. i was arrested in August of 2002 had a not so good lawyer who drug things on and on and on then in January of 2004 the DA presented me with differed adjudication on a state jail felony. Well needless to say i made it through flawlessly and did everything i was asked to do and completed it as asked. I know i was wrong but i re payed my debt to society and it made me a better person for it. so my question is that i would like to get my CHL but dont really now if i am eligible and if i am not when i will be. Again i have read the Texas CHL Book and i am still unclear of this. I have all the paperwork of my completion and release after my time was complete. I appreciate the help guys. Thanks and happy to be a new member on the forum.

Welcome to the forum Chetter818.

I don't want to beat you up too much, but I don't know your lawyer, so I don't know why you think he was not so good.
You may have been young and dumb, but you are the one who committed the crime, got arrested and accepted the differed adjudication.
Cases can and do drag on regardless of the lawyer.
Sometimes it is better if they "drag on". Sometimes not.

If you are a model citizen, I suggest you find a "good" lawyer and try to get your conviction expunged.
It will cost you time and energy and money, but it will make your life easier in the future when applying for jobs.

Expunctions are only available to those who had their charges dismissed or were acquitted, or a pardon for innocence was granted. Deferred's do not qualify

If he is serious, I suggest that the OP contact an attorney specializing in criminal law.

[Chetter818]

GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171, if an
order of deferred adjudication was entered against the person on a date not
less than 10 years preceding the date of the person's application for a
license under this subchapter unless the order of deferred adjudication was
entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;


(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under
Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an offense listed in
Subdivision (1).
(13) has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal
law of the grade of felony; and
(14) has not made any material misrepresentation, or failed to
disclose any material fact, in an application submitted pursuant to Section
411.174.

[RoyGBiv]

Just for clarity.... My edits are in CAPS below.

(1) a felony offense under:
(A) Title 5, Penal Code; [CRIME AGAINST PERSONS]
(B) Chapter 29, Penal Code; [ROBBERY]
(C) Section 25.07, Penal Code; or [VIOLATION OF PROTECTIVE ORDER]
(D) Section 30.02, Penal Code [BURGLARY & TRESPASS]

I AM NOT A LAWYER, THIS IS NOT LEGAL ADVICE.

Seems to me the OP would be eligible, assuming the JUDGMENT was entered >10 years ago.

[Keith B]

If your charge was for possession of marijuana, less than a gram, it is possible you may have been eligible earlier as that offense is a misdemeanor today.

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to
carry a concealed handgun if the person:
........
(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a concealed handgun, the offense:
(1) is not designated by a law of this state as a felony; and
(2) does not contain all the elements of any offense designated by a law of this state as a felony.

No matter, if you are 10 years past your conviction date, it was officially deferred adjudication, it is not a Title 5 (crime against a person) then I believe you should be clear to go. Just make sure you list the arrest and provide a copy of the disposition to DPS as required.