5 year waiting period after a Class B misdemeanor

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switch
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5 year waiting period after a Class B misdemeanor

#1

Post by switch » Tue May 08, 2018 8:54 am

The law is clear, you have to wait 5 years from the date of conviction. DPS has stressed that it is NOT the date of the offense. I have been told that DPS is interpreting this to mean 5 years from the end of probation. Is that correct? Worth fighting with DPS over?

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Charles L. Cotton
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Re: 5 year waiting period after a Class B misdemeanor

#2

Post by Charles L. Cotton » Tue May 08, 2018 12:20 pm

switch wrote:The law is clear, you have to wait 5 years from the date of conviction. DPS has stressed that it is NOT the date of the offense. I have been told that DPS is interpreting this to mean 5 years from the end of probation. Is that correct? Worth fighting with DPS over?
It's five years from the date of the "conviction," not the end of a probationary period. This is what DPS has always said, unless there has been a recent change in their position. I doubt that's the case, as Tex. Gov't Code §411.172(a)(8) expressly refers to "conviction" rather than release from incarceration or completion of probation.

Chas.
Tex. Gov't Code §411.172(a)(8) wrote:(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense;
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