TexasCHLforum.com

Yesterday I got a letter of denial after submitting my background paper work. I got off "adult supervision" last year for deferred adjudication of third degree. I can purchase firearms no problem. The charge is injury to child but I wouldn't be putting my ifo out here if I was guilty. I was wrongly accused and passed many polygraphs (after being put on supervision.). When I got my background chwck the last page said discharged and dismissed. After reading it and having my dad, a cop, read it we both read it the same. I underatand it as it saying if I didn't succesfully complete supervision that I would be charged with the crime. I know at the beginning I was indicted and charged with deferred adjudication. Please someonw help me understand. I have 30 days appeal and my chl instructor (a friend) said if I can purchase a weapon I can get chl.

There are 2 issues:

1) Family violence charge and
2) Differed adjudication which could be considered as guilty plea for CHL purposes.

Someone would clarify.

At this stage, you need to contact a knowledgeable attorney to review the facts and offer counsel. This will cost you money, but will likely be worth it regardless of outcome.

Have you reviewed your actual TX criminal history? It may not be updated. A felony arrest for injury to a child, even with deferred adjudication will show up as an arrest, and then there will be subsequent entries for the court action for deferred adjudication, ect. You might want to pay the $ on the DPS website and review it.

But why would deferred adjudication in my case be so?? I have the papers basically saying if I didn't behave I would get the deferred adjudication. Aslo papers saying discharged and dismissed

captainbg wrote:But why would deferred adjudication in my case be so?? I have the papers basically saying if I didn't behave I would get the deferred adjudication. Aslo papers saying discharged and dismissed

Not sure what you signed in your plea deal, but check your criminal history. If you were on adult supervision there will be something more then likely showing on your criminal history because the case will require a disposition on the history.

captainbg wrote: I have 30 days appeal and my chl instructor (a friend) said if I can purchase a weapon I can get chl.

Your friend is mistaken, and you should be aware of that after taking the course.
There are several issues that would prevent you from getting a CHL that wouldn't prevent you from buying a firearm.

Look at the FAQ page for information about the deferred adjudication.
http://www.txdps.state.tx.us/RSD/CHL/faqs/index.htm" onclick="window.open(this.href);return false;

and Sec. 411.172 for eligibility requirements.

http://www.statutes.legis.state.tx.us/D ... tm#411.172" onclick="window.open(this.href);return false;

What class of charge you had? is it 3rd degree felony?

Yes 3rd degree

Appears they treat deferred as a conviction as far as the timeline. Is it 5 years from the sentence date or the date of successful completion of deferred probation? I assume 5 years after successful completion of probation since someone could still be on probation after 5 years from the sentence date.

just because you can buy a gun, doesn't mean you can get a chl...and any instructor should know that

granted, I'm not an instructor, I don't pretend to be and I don't know the specifics, but I do know that you possibly need a lawyer to give you some better specifics.

Thanks. I have an appointment with lawyer next week

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.

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....

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?