Arrested in 1999

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randrade33
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Arrested in 1999

#1

Post by randrade33 » Tue Jul 07, 2015 5:10 pm

Very much to my regret and stupidity, I was arrested in 1999 for a charge of "Credit Card Abuse" (felony) in San Antonio and I have two " Court Status" listings for the same charge both dated 8/9/1999, Court Status A and B. For Court Status A the court disposition was: "Deferred" then below in Court Status B it is listed as: "Community Supervision Expired" and "defendant discharged" for the court provision. I am so confused! Am I wasting my time with my application? Thank Y'all for any help on this one.
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jimd1981
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Re: Arrested in 1999

#2

Post by jimd1981 » Tue Jul 07, 2015 6:46 pm

This issue should not immediately disqualify you from getting a CHL. If I'm wrong, I'm sure someone will correct me :bigear:

Here's why:
  • 1. You had an order of deferred adjudication back in 1999
    2. You were discharged from that order in July of 2000
    3. Section 411.1711 recognizes your exemption from conviction, and
    4. It's been more than 10 years since (2).
GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS states:
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).
Now you have to disclose this, and be sure to send in ALL of your disposition documentation when you apply. Good Luck!
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Crossfire
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Re: Arrested in 1999

#3

Post by Crossfire » Tue Jul 07, 2015 6:53 pm

Jimd1981 has it right. Non-violent felony, you received deferred adjudication, you were eligible 10 years after the court entered the order of deferral.
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