Questionable Eligibility

[TexasBornAndRaised]

When I was 14 I got in a lump of trouble being associated with a group of kids and ended up with an Aggravated Assault With a Deadly Weapon. I was given differed adjudication and did my probation etc. Question: Its been 11 years since and I have been able to purchase multiple pistols in the last 2 years. I'm not sure what the law on it is but I was allowed that much. That being said, am I still eligible for my CHL given that its been over 10 years and it was adjudicated? Does it make a difference that it was when I was a minor? I tried to apply for it about 8 years after the incident on some false information from an instructor and it was denied within 3 days of sending it in. I really don't want to apply again if it isn't going to go through. I also haven't gotten into any trouble since then other than a DUI when I was 19, blew a .03 and he called it in

Thanks,
Matt

edit: I just read in another post that it has to be expunged after the deferred adjudication. Does this count for minors as well? I was told that when I hit 18 EVERYTHING would be sealed/closed and that the CHL is only dependent on your "Adult Record". True/False?

[Saffron]

Aggravated assault is a violent crime that doesn't get the benefit of ten year forgiveness for CHL eligibility with deferred adjudication.

GC § 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;

[TexasBornAndRaised]

So therefore it is impossible for me to get a Texas CHL? There is nothing I can do at all?

[WildBill]

So therefore it is impossible for me to get a Texas CHL? There is nothing I can do at all?

I advise you to seek advice from an attorney.

[Charles L. Cotton]

So therefore it is impossible for me to get a Texas CHL? There is nothing I can do at all?

Were you charged as a juvenile or were you certified as an adult? If you were a juvenile, then you are not eligible for 10 years from the date of the judgment of delinquent conduct. (See §411.172(a)(13) below.) If you were charged as an adult, then either getting it expunged (good luck with that) or getting an order of nondisclosure is your only avenue. (See §411.172(a)(3), and §411.171(4) below.)

CAUTION: I don't practice in juvenile courts, so I'm not sure if there are alternative ways for the judge to issue an order in terms of calling it a "conviction" or a finding of "delinquent conduct." You need to confirm how the order is written. Feel free to send it to me to review, if you like.

Chas.

Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:

(3) has not been convicted of a felony[adult];

(13) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony;

Sec. 411.171. DEFINITIONS. In this subchapter:

(4) "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:

• (A) expunged;
  
  (B) pardoned under the authority of a state or federal official; or
  
  (C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

[Unicorn Rancher]

I was told that when I hit 18 EVERYTHING would be sealed/closed and that the CHL is only dependent on your "Adult Record". True/False?

GC 411.172(a)(13)
FC 58.003(m)

[TexasBornAndRaised]

I will be looking into this a bit more but it does sound, from what I've read here, is that if I was charged as a juvenile then I can get it 10 years after the date of the conviction. Which is good news because I was indeed charged as a minor, it was part of the plea. It was originally going to be Assault, but because I wasn't actually involved and was just there by association, they dropped it to aggravated assault as a minor.

I really do appreciate everyone's input into the subject. Thank you.
If I remember to post back with results, I will let everyone know for future reference if anyone has a similar situation.

Matt

[mojo84]

It would be good once you get further along in the process if you would return and give an update. May help someone else that has a similar situation.