CHL Denial Question

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jeddle42
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CHL Denial Question

#1

Post by jeddle42 » Thu Jan 10, 2019 4:18 pm

I was denied my CHL in Texas for an Class A misdemeanor arrested for an illigal id / drivers license. Im not familiar with the laws since im new comer. The way i read the law it seemed to mean class a and b violent or dui would cause a chl denial. My question is this is it any class a disqualifies you for a Texas CHL? I have since applied for a Florida C H L hopefully i will get my chl there. Any information will really be appreciated.

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Re: CHL Denial Question

#2

Post by GeekwithaGun » Thu Jan 10, 2019 4:20 pm

How long ago did it occur?
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jeddle42
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Re: CHL Denial Question

#3

Post by jeddle42 » Thu Jan 10, 2019 4:22 pm

Nov. 2017


sottish cheese
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Re: CHL Denial Question

#4

Post by sottish cheese » Thu Jan 10, 2019 4:59 pm

You have to wait five years after final disposition if you're convicted on A/B misdemeanor.


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Re: CHL Denial Question

#5

Post by infoman » Fri Jan 11, 2019 8:28 pm

& yes- it’s any class A or B misdemeanor.


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Re: CHL Denial Question

#6

Post by Dantastic » Wed Jan 16, 2019 2:56 pm

If you received probation, is 5 years from the end of the probation-not conviction date.


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Re: CHL Denial Question

#7

Post by infoman » Fri Jan 18, 2019 1:03 am

It’s 5 years from your disposition date, in other words the conviction date. (date of judgement). In cases where you get deferred adjudication- it’s the date you are give. Def Adj. NOT 5 years from when you ended your probation.

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Re: CHL Denial Question

#8

Post by C-dub » Fri Jan 18, 2019 2:38 am

infoman wrote:
Fri Jan 18, 2019 1:03 am
It’s 5 years from your disposition date, in other words the conviction date. (date of judgement). In cases where you get deferred adjudication- it’s the date you are give. Def Adj. NOT 5 years from when you ended your probation.
IANAL, but don’t think this is correct. I thought that “disposition” in this sense usually referred to the completion date of whatever the penalty is. The conviction or sentencing dates are usually not included in the disposition date.

For example, what if the penalty were greater than 5 years? It wouldn’t be logical to be able to acquire a LTC while still in the penalty phase or under probation, would it?
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infoman
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Re: CHL Denial Question

#9

Post by infoman » Fri Jan 18, 2019 6:34 am

I know I’m 100% correct on this. It’s 5 years from your judgement date. It’s not 5 years from when you completed your probation period.


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Re: CHL Denial Question

#10

Post by Dantastic » Fri Jan 18, 2019 11:02 am

I was denied the 1st time I applied because of the 1 year probation.

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Re: CHL Denial Question

#11

Post by Keith B » Fri Jan 18, 2019 11:21 am

Dantastic wrote:
Fri Jan 18, 2019 11:02 am
I was denied the 1st time I applied because of the 1 year probation.
Infoman is correct. it is from the Judgement final disposition date, not the end of your probation period.

It is possible that the 1 year probation was a period where if you stayed clean for that period, then they completely expunged your record. In that case if you applied while inside the 1 year period they would show a pending charge, but once you were clean for that year then there would be noting on your record to cause you the denial. I have seen this scenario happen before.
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Re: CHL Denial Question

#12

Post by Dantastic » Fri Jan 18, 2019 1:19 pm

Strange.... I was 'convicted' of my stupid misdemeanor 4/4/2011 was on probation until 4/4/2012, applied 12/2016 and they said I was denied because of the charge I received on 4/4/2012.
Maybe I should've appealed??????
It's ok-All is good now.
Not trying to debate it here. Just my experience.

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Re: CHL Denial Question

#13

Post by RottenApple » Fri Jan 18, 2019 6:12 pm

Keith B wrote:
Fri Jan 18, 2019 11:21 am
Infoman is correct. it is from the Judgement final disposition date, not the end of your probation period.

It is possible that the 1 year probation was a period where if you stayed clean for that period, then they completely expunged your record. In that case if you applied while inside the 1 year period they would show a pending charge, but once you were clean for that year then there would be noting on your record to cause you the denial. I have seen this scenario happen before.
Keith, are you sure? I'm genuinely curious.

I have a friend who used to have a CHL. He plead guilty to a Class B (5 year disqualification) in order to receive deferred adjudication. This included 2 years probation. The disposition date is July, 2014. So he can apply again after July 2019 (5 years from disposition), or does he need to wait until July 2021 (5 years from probation ending)? Does the nature of the charge matter (it's not a permanent disqualified)? If so, I can ask and find out.

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Re: CHL Denial Question

#14

Post by Keith B » Fri Jan 18, 2019 10:01 pm

RottenApple wrote:
Fri Jan 18, 2019 6:12 pm
Keith B wrote:
Fri Jan 18, 2019 11:21 am
Infoman is correct. it is from the Judgement final disposition date, not the end of your probation period.

It is possible that the 1 year probation was a period where if you stayed clean for that period, then they completely expunged your record. In that case if you applied while inside the 1 year period they would show a pending charge, but once you were clean for that year then there would be noting on your record to cause you the denial. I have seen this scenario happen before.
Keith, are you sure? I'm genuinely curious.

I have a friend who used to have a CHL. He plead guilty to a Class B (5 year disqualification) in order to receive deferred adjudication. This included 2 years probation. The disposition date is July, 2014. So he can apply again after July 2019 (5 years from disposition), or does he need to wait until July 2021 (5 years from probation ending)? Does the nature of the charge matter (it's not a permanent disqualified)? If so, I can ask and find out.
Yes, I am sure. A deferred adjudication in itself still shows up as such. What I was saying is there are cases where during the 'probation period' the charge shows on the search. If the probation period is completed successfully, then they go back and expunge the record totally so there is no record of any charges. So after the 1 year the guy would be clear to get a LTC if the record gets expunged or set-aside.

In the case of your friend he would be eligible July 2019, 5 years from his disposition date.
Keith
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Re: CHL Denial Question

#15

Post by twomillenium » Fri Jan 18, 2019 11:22 pm

C-dub wrote:
Fri Jan 18, 2019 2:38 am
infoman wrote:
Fri Jan 18, 2019 1:03 am
It’s 5 years from your disposition date, in other words the conviction date. (date of judgement). In cases where you get deferred adjudication- it’s the date you are give. Def Adj. NOT 5 years from when you ended your probation.
IANAL, but don’t think this is correct. I thought that “disposition” in this sense usually referred to the completion date of whatever the penalty is. The conviction or sentencing dates are usually not included in the disposition date.

For example, what if the penalty were greater than 5 years? It wouldn’t be logical to be able to acquire a LTC while still in the penalty phase or under probation, would it?
If the penalty was greater than 5 years it would be due to a felony. A class A misdemeanor in Texas is punishable by up to a year in jail and or up to $4,000.00 fine. A misdemeanor can be probated by up to 2 years.
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