TexasCHLforum.com

Hello, my name is Javier, I am 22 years old and I am from San Antonio. This is my first post here on this website. I need some help on getting my CHL. On 7/25/2007 I was arrested. It was a Class A misdemeanor. I recieved deferred adjudification. After completing the DF I hired a lawyer and on 3/21/2009 I had my record sealed. I just want to know if I am eligible to get my CHL or will I be disqualified? If I am eligible, will I have to state on the DPS application that I was arrested or on DF?

Class A Misdemeanor is a disqualifer for 5 years from the date of conviction. Deferred adjudication is still a conviction for CHL purposes. You may have an out because your record was sealed, but you should contact DPS before you apply to be sure.

I just read another forum with a guy saying he had a felony. He said he got his record sealed and that he got his CHL. I figure I should also have a shot since its not a felony.

If sealed, then you may be able to get your CHL before the 5 yrs. You need to state your arrest and the disposition of your case. Good luck.

I would call and check, sealed is not the same as expunged, set-aside or pordoned.... those seem to be the only exceptions to convictions....
Good luck, and at the least your 5 years would be up next year if you have to wait.

Beiruty wrote:If sealed, then you may be able to get your CHL before the 5 yrs. You need to state your arrest and the disposition of your case. Good luck.

Thank you I appreciate it.

Mrcoffee wrote:I would call and check, sealed is not the same as expunged, set-aside or pordoned.... those seem to be the only exceptions to convictions....
Good luck, and at the least your 5 years would be up next year if you have to wait.

Thanks. I hope I dont have to wait though.

I second the recommendations to call DPS and ask them, since they get to make the decision anyway.

But, here is the law:
(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.

From the bolded part and what you posted, I think you are eligible. But, I am not an expert nor do I have the authority to make the final decision.

srothstein wrote:I second the recommendations to call DPS and ask them, since they get to make the decision anyway.

But, here is the law:
(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.

From the bolded part and what you posted, I think you are eligible. But, I am not an expert nor do I have the authority to make the final decision.

thank you for the info. I am going to call the dps to see what they say.