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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?

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;