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Re: Got denied and follwed instructions...
Posted: Fri Jul 12, 2013 4:55 pm
by texanjoker
RogueUSMC wrote:texanjoker wrote:RogueUSMC wrote:Call the DA's office that handled it. They will check and see what DPS is seeing...and if it is different, they will submit a change of disposition and you will be good after that. If this doesn't work, THEN pay a lawyer...
I had an arrest in 2001 that DPS showed to be a DUI...when I called the DA's office that handled it, they were very helpful in getting the reporting straightened out. This issue wasn't keeping me from getting my CHL but it was a DUI that DPS sees on my record and I had no Idea it was reported that way until 2013 when I was applying for my CHL.
It could be just a reporting issue that can be easily resolved.
He still needs to get online and pay for the DPS history. he will instantly see what is there. If there is an unresolved issue, DPS has a complaint process and DPS then investigates it and updates it. This is w/o having to pay an attorney to do the same thing....
The county DA's office did it all for me over the phone...it was their mess-up. He may as well try that first. If it doesn't work, then go the long route?
Agreed. The criminal history is instant on the DPS site so he can see what it shows. If it is not complete, then contest it via DPS & contact the entity that messed it up. Many counties in TX are very bad about accurate information the criminal history's. One can also look it up via some other paid services, but the real DPS record is the best.
Re: Got denied and follwed instructions...
Posted: Fri Jul 12, 2013 6:45 pm
by Jumping Frog
captainbg wrote:Yes 3rd degree
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. You are not eligible for 10 years from the date of final disposition.
Re: Got denied and follwed instructions...
Posted: Fri Jul 12, 2013 7:01 pm
by Beiruty
One solution: Get the charge purged, or sealed, or if it is a felony, try to get a pardon from the Governor Perry.
Re: Got denied and follwed instructions...
Posted: Fri Jul 12, 2013 7:11 pm
by MoJo
Jumping Frog wrote:captainbg wrote:Yes 3rd degree
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. You are not eligible for 10 years from the date of final disposition.
Bingo! JF hit the nail on the head!
Re: Got denied and follwed instructions...
Posted: Fri Jul 12, 2013 8:26 pm
by sjfcontrol
The 10 year period is only for misdemeanors (or felony Juvenile delinquent) charges.
(Adult) Felonies are permanent disqualifiers (GC411.172(a)(3)). Deferred adjudication is considered a conviction for the purpose of CHL elegibility (GC411.171(4))
Re: Got denied and follwed instructions...
Posted: Fri Jul 12, 2013 11:54 pm
by MasterOfNone
sjfcontrol wrote:The 10 year period is only for misdemeanors (or felony Juvenile delinquent) charges.
(Adult) Felonies are permanent disqualifiers (GC411.172(a)(3)). Deferred adjudication is considered a conviction for the purpose of CHL elegibility (GC411.171(4))
411.171(4) provides the exception in 411.1711, which says that deferred adjudication is only a 10-year disqualification unless the felony was under Title 5, Chapter 29, Sectiom 25.07, or Section 30.02 of the penal code.
Re: Got denied and follwed instructions...
Posted: Tue Jul 16, 2013 9:45 pm
by PSTL*PAKR
sjfcontrol wrote:The 10 year period is only for misdemeanors (or felony Juvenile delinquent) charges.
(Adult) Felonies are permanent disqualifiers (GC411.172(a)(3)). Deferred adjudication is considered a conviction for the purpose of CHL elegibility (GC411.171(4))
_________________________________
Not true. I was on a deferred felony, waited 10 yrs and now have my CHL.
Re: Got denied and follwed instructions...
Posted: Tue Jul 16, 2013 10:14 pm
by bkj
MasterOfNone wrote:sjfcontrol wrote:The 10 year period is only for misdemeanors (or felony Juvenile delinquent) charges.
(Adult) Felonies are permanent disqualifiers (GC411.172(a)(3)). Deferred adjudication is considered a conviction for the purpose of CHL elegibility (GC411.171(4))
411.171(4) provides the exception in 411.1711, which says that deferred adjudication is only a 10-year disqualification unless the felony was under Title 5, Chapter 29, Sectiom 25.07, or Section 30.02 of the penal code.
And we have a winner
Re: Got denied and follwed instructions...
Posted: Wed Jul 17, 2013 5:16 am
by sjfcontrol
bkj wrote:MasterOfNone wrote:sjfcontrol wrote:The 10 year period is only for misdemeanors (or felony Juvenile delinquent) charges.
(Adult) Felonies are permanent disqualifiers (GC411.172(a)(3)). Deferred adjudication is considered a conviction for the purpose of CHL elegibility (GC411.171(4))
411.171(4) provides the exception in 411.1711, which says that deferred adjudication is only a 10-year disqualification unless the felony was under Title 5, Chapter 29, Sectiom 25.07, or Section 30.02 of the penal code.
And we have a winner
