Criminal background question for CHL.....

[RedlinePDR]

I Was givin a deferred adjudication on a felony back in 2001 ( I was 18 and had no money for a good lawyer ) my understanding is I have to wait 10 years before applying for a chl . Does the 10 years start for the arrest date or the day I went to court ? Also how can I get my full criminal background info so I don't leave anything out when I apply?

[HotLeadSolutions]

"Convicted means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently expunged, pardoned under the authority of a state or federal official; or otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law (effective September 1, 2009). "

[apostate]

I'm curious. Why did you choose to exclude the text referring to 411.1711 from your red highlighting?

Sec. 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, 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).

[rdhetrick]

Apostate's right in posting the reference. The 10 years starts from the date that the deferred adjudication is entered - not the arrest date.

You don't say what the felony was for, if it was for one of those in A, B, C, or D, then deferred adjudication doesn't matter, they still consider it a conviction and are disqualifying.

[RedlinePDR]

So am I elibigable ? Or do I need to get it expunged ? How do I go about getting it expunged ? I was given 3 years probation and completed with no problem . My charge was for felony "credit card abuse" . I was so stupid not to fight it since I was totally innocent but my stupid lawyer ( Leo Torres) said that the DA said that i had a" lie in my statment" so they offered a plea deal and I was so scared .. 18 , just married ,and I had just started a new job.

[apostate]

If the offense was under Chapter 32 (Fraud) then I believe you're eligible 10 years after the court date when the order of deferred adjudication was entered against you. As a first order approximation, the felonies for which deferred adjudication is still considered a conviction (for CHL eligibility purposes) after 10 years are felony crimes of violence. (For specifics, see 411.1711 above.)

[RedlinePDR]

Apostate, thank you very much . It looks like I have to wait till this December to apply. How do I obtain all my criminal records cause I can't remember the specific info ( dates , arresting officer , etc...)

[HotLeadSolutions]

I'm curious. Why did you choose to exclude the text referring to 411.1711 from your red highlighting?

Sec. 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, 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).

It was made in haste. My apologies...apostate is correct.

[Jusster]

Apostate, thank you very much . It looks like I have to wait till this December to apply. How do I obtain all my criminal records cause I can't remember the specific info ( dates , arresting officer , etc...)

You would need to contact the County Clerks office were the offence was committed.

Best of Luck,

Jusster