How does TX convert misdemeanors?

[Left Brain]

New to the forum so I hope I am posting in the right place. Ran into some issues while verifying info for my chl application. I have 2 arrest in my past that I needed to get final dispositions on. Well turns out both were a mess. The easy one was taking care of within 24 hours with paperwork in hand.

The older of the two is the issue. It was in 1996, in the state of Louisiana for DUI. I hired an attorney at the time who told me it was all taking care of. Well surprise it sorta was and sorta not. The charges were downgraded to reckless operation (misdemeanor, 1st offense fine up to $200,and/or up to 90 days in jail.) but obviously it is still outstanding with an attachment of arrest. I am currently trying to get it resolved with the judge without a court appearance, but planning on taking care of it however I need to. My main concern is Louisiana only has misdemeanors and felonies( if I understand it correctly.) While Tx has classes a,b,c for misdemeanors. But Tx reckless driving isn't in one of these but a hybrid charge. So does anyone know how this will convert and how will it affect if at all my application. Or is there some place to call to get this info. Thanks in advance for any info.

[WildBill]

Welcome to the forum.
I am not sure what you mean by still outstanding, but if they have a final disposition you should be fine.
Since the charges were not felonies and over 5 years old they should not affect your eligibility for CHL.
Just make sure you have the documentation with your application.

[Left Brain]

Sorry I wasn't real clear in my explanation but I was trying to keep it short and concise. What I meant by outstanding was basically I took the word of the highly paid person when they said that everything was taken care of having to do with the original DUI. I was never informed (not passing blame I know I messed up) by the Attorney or the state that the original charge was downgraded and there was a court date. I found out on this past Monday that I am 19 years late. So final disposition I guess will be tomorrow when my payment posts for the fines and contempt charge.(Finally talked to the judge since original post.)

So with all that said My main concern is how Texas will classify the reckless operation from Louisiana as a class c or higher since the statutes do not classify it that I have been able to find.

[JP171]

sounds like you have a bench warrant for arrest in Louisiana for a misdemeanor conviction that is 20 years old. you may or may not be eligible depending on when La. says the final disposition is entered

[WildBill]

sounds like you have a bench warrant for arrest in Louisiana for a misdemeanor conviction that is 20 years old. you may or may not be eligible depending on when La. says the final disposition is entered

That is sort of what I was getting at. Not good news.

[ScottDLS]

Unfortunately, Texas considers any out of state or federal misdemeanor with ANY jail time as a Class A misdemeanor for purposes of CHL. This despite the fact that Texas has jail time as a possibility for a (very) few Texas class C's.

[srothstein]

I am not sure that Scott is correct about how Texas considers out of state offenses. It was my understanding that they look at the required elements of the offense for the conviction and find the closest Texas equivalent and use whatever that works out to as the grade of offense. This means that in some cases a misdemeanor in another state is a felony here or vice versa. Oh yeah, it does depend on what the offense was here at the time of the offense.

To the best of my knowledge, Texas has no class C misdemeanors with Jail time. By definition, a class C is punishable by fine of up to $500 only. If the fine is greater than that, or the jail time is a possibility, the offense is classified according to what the punishment could be. So we have some class B and A misdemeanors that are punishable by fine only (like passing a school bus that is stopped for loading). I got in trouble once when a lieutenant ordered me to write a ticket for no insurance. He and I disagreed on whether I could write the ticket or had to book the person since it was a class B misdemeanor as a second offense.

[ScottDLS]

I am not sure that Scott is correct about how Texas considers out of state offenses. It was my understanding that they look at the required elements of the offense for the conviction and find the closest Texas equivalent and use whatever that works out to as the grade of offense. This means that in some cases a misdemeanor in another state is a felony here or vice versa. Oh yeah, it does depend on what the offense was here at the time of the offense.

To the best of my knowledge, Texas has no class C misdemeanors with Jail time. By definition, a class C is punishable by fine of up to $500 only. If the fine is greater than that, or the jail time is a possibility, the offense is classified according to what the punishment could be. So we have some class B and A misdemeanors that are punishable by fine only (like passing a school bus that is stopped for loading). I got in trouble once when a lieutenant ordered me to write a ticket for no insurance. He and I disagreed on whether I could write the ticket or had to book the person since it was a class B misdemeanor as a second offense.

GC §411.172. ELIGIBILITY.
...
(b) For the purposes of this section, an offense under the laws of this state,
another state, or the United States is:
...
(2) a Class A misdemeanor if the offense is not a felony and confinement in a
jail other than a state jail felony facility is affixed as a possible punishment.

I thought I saw Driving without licence in possession (third offense) was a class C w/ 72hr jail and $25-500 fine, but I now see in the transportation code 521.025 that it is not classified. That would make it a Class A for CHL purposes (per above).