TexasCHLforum.com

USA1 wrote:

Charles L. Cotton wrote: As of Sept. 1, 2009, the law changed. Any "conviction" that has been set aside by any method is no longer a conviction for purposes of CHL eligibility.

does this mean that a deferred adjudication no longer = conviction for CHL purposes ?

No, this is a little twist. A deferred adjudication is still a "conviction" for CHL eligibility, but if it's for a non-violent felony then it's not a "conviction" after 10 years. The new statutory language about "set-asides" is very broad and covers any time of order setting aside a judgment.

Chas.

Charles L. Cotton wrote:

USA1 wrote:

Charles L. Cotton wrote: As of Sept. 1, 2009, the law changed. Any "conviction" that has been set aside by any method is no longer a conviction for purposes of CHL eligibility.

does this mean that a deferred adjudication no longer = conviction for CHL purposes ?

No, this is a little twist. A deferred adjudication is still a "conviction" for CHL eligibility, but if it's for a non-violent felony then it's not a "conviction" after 10 years. The new statutory language about "set-asides" is very broad and covers any time of order setting aside a judgment.

Chas.

I recently submitted my CHL along with a friend's. He believes that he is eligible, but I am not so sure. He had a possession felony that was reduced to a class A misdemeanor and he received deferred adjudication. It was 7 years ago. Is he still eligible?

milo wrote:
I recently submitted my CHL along with a friend's. He believes that he is eligible, but I am not so sure. He had a possession felony that was reduced to a class A misdemeanor and he received deferred adjudication. It was 7 years ago. Is he still eligible?

he should be . A misdemeanor must be older than 5 years to be eligible .

USA1 wrote:

milo wrote:
I recently submitted my CHL along with a friend's. He believes that he is eligible, but I am not so sure. He had a possession felony that was reduced to a class A misdemeanor and he received deferred adjudication. It was 7 years ago. Is he still eligible?

he should be . A misdemeanor must be older than 5 years to be eligible .

See P.3 of Handbook; GC 411.172 ELIGIBILITY (a)(8)

Note: there are exceptions to this. Please review GC 411.172 carefully with him.

Just thought I'd post an update....

Last week, I spoke with the DPS attorney about my situation. He was very polite and friendly. I explained why I thought I should be eligible and he agreed to look at my case again.

Today, I got a call from him, and he agreed with me! He said he would clear my application and it would continue with the process! He said he was glad that I called him so we could work it out without having to have a hearing.

Hopefully, they've already looked at the fingerprints, and photos, and other background checks and it will just be a few days or weeks for the license to be printed. I guess, worst case is that it starts from square one and I wait the 60 odd days.

Finally, something to restore a little faith in the system.

Rob

Good news, hope you get some plastic soon!

Like we say in the Navy - " the squeaky wheel gets greased!"
Congratulations! soon you will be "one of us"
Hooyah!

Woohoo! I am so glad to hear that. I was getting a little sick reading this but a happy ending makes for a great story.

Congratulations rdhetrick! Your perseverance paid off well.

Congratulations. I am glad to hear that it worked out for you. I am also very glad to hear that they talked with you and worked it out without the expense of a hearing. That says something good about the DPS attitude, and is a pleasant change from what we often hear about any government agency.

Got a call this morning, my license is on its' way to the printer!!!!!

NAVY CHIEF wrote:Like we say in the Navy - " the squeaky wheel gets greased!"
Congratulations! soon you will be "one of us"
Hooyah!

What does a sailor know about wheels?

Congratulations!

It has been said that, "the squeaking wheel gets the grease". OTOH, the squeaking wheel may be replaced.

rdhetrick wrote:Got a call this morning, my license is on its' way to the printer!!!!!

FANTASTIC!!! Super congrats!

srothstein wrote:I am also very glad to hear that they talked with you and worked it out without the expense of a hearing. That says something good about the DPS attitude, and is a pleasant change from what we often hear about any government agency.

Congrats, rdhetrick; and way to persevere.