Question about CHL and juvenile record

[Lokinator]

I've been doing a lot of research on whether I'll be able to get my CHL or not and it's right on the line of disqualifying or skating by so I'm getting mixed answers through my searches.

Basically as a juvenile (in juvenile court) I received deferred adjudication for a felony assault. It's now been over 10 years since I was released (when I hit 18) and everything was finished as far as the court was concerned. I haven't sealed my record. I understand if I was an adult when it happened, it would automatically disqualify me. But it didn't, it's on my juvenile record. In fact it's the only thing on my record that would lead to a disqualification (if that matters or is in my favor).

My question is (that I can't seem to find a solid answer for) does it matter if the offense happened when I was a juvenile and that my record will reflect that? I've seen some people say that it doesn't matter I will still be disqualified, but I've seen others report that they received their CHL.

[nightmare69]

I've been doing a lot of research on whether I'll be able to get my CHL or not and it's right on the line of disqualifying or skating by so I'm getting mixed answers through my searches.

Basically as a juvenile (in juvenile court) I received deferred adjudication for a felony assault. It's now been over 10 years since I was released (when I hit 18) and everything was finished as far as the court was concerned. I haven't sealed my record. I understand if I was an adult when it happened, it would automatically disqualify me. But it didn't, it's on my juvenile record. In fact it's the only thing on my record that would lead to a disqualification (if that matters or is in my favor).

My question is (that I can't seem to find a solid answer for) does it matter if the offense happened when I was a juvenile and that my record will reflect that? I've seen some people say that it doesn't matter I will still be disqualified, but I've seen others report that they received their CHL.

If its been over 10yrs then since the incident then you should be able to get your CHL. You need to email it call DPS and ask them directly to be certain since its was an assault.

[longhorn86]

IANAL, and I am not 100% certain about juvenille vs. adult in regard to this, but according to the CHL statute, deferred adjudications for Title 5 offenses are not considered exempt from conviction, therefore you would be disqualified. Felony assault would fall under Title 5.

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 or 25.072, 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

[srothstein]

I am not positive and recommend you check with DPS to be sure. But the Government Code, section 411,172(A)(13) says that you are eligible if

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;

.

If you were charged as a juvenile and tried in juvenile court, you are not charged with a crime. All juvenile cases are tried as delinquent conduct for violation of an underlying law. If you were certified as an adult and the case was moved to a regular district court instead of a juvenile court, you are truly charged with the crime. Based on this possible split, your age when it happened is not really as relevant as the court rulings in the case.

If you were certified as an adult, then the previous poster is most likely correct and the deferred adjudication would not help you. If you were tried as a juvenile, I think you are clear. DPS can tell you for sure after examining the records.