Help!! Application under review
Moderators: carlson1, Charles L. Cotton
Help!! Application under review
Okay. I applied for CHL in Nov. Just got letter saying they need more info to finish. In 2012, I was in Colorado and received citation for Disorderly Conduct. I was not arrested but was charged and agreed to plea guilty and 12 month deferred adjudication. The DA agreed to withdraw guilty plea and dismiss case as long as I didn't get in any more trouble for 12 months. I just found out that the case was dismissed after 30 days. I am 42 and have never been in trouble until then and nothing since. I have a new job offer but it is contingent upon my receiving my CHL. I am very worried they will deny me my CHL. If they do deny me, will I have a leg to stand on to win an appeal. I just can't understand how 1 tiny mistake may cost me this great opportunity. Thankso for any help.
Re: Help!! Application under review
Make sure you contact Co. and get certified copies of all your court documents. They may just need more documents to clear everything up. I got was dissmissed you should be good to go.
Just get those documents as soon as you can.
Just get those documents as soon as you can.
“More important than your obligation to follow your conscience, or at least prior to it, is your obligation to form your conscience correctly.” – Justice Scalia
Re: Help!! Application under review
randy634 is right. Get all the docs from CO and forward them to DPS. That will probably resolve the problem. You could contact the DPS and ask them if there is something specific they are looking for so you make sure to get CO to send that.
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Re: Help!! Application under review
I have all the copies of courts papers. I am just worried about the "deferred adjudication is a conviction" thing. I also have a copy of my record. It says
Disposition: Dism after Succesful Complete
Status: Dismissed
Disposition: Dism after Succesful Complete
Status: Dismissed
Re: Help!! Application under review
I am almost certain they are going to want those documents. When DPS checks your criminal history, they will see the charge even if it was dismissed. They may just need the documents to support the dismissal. I bet you will be fine.
“More important than your obligation to follow your conscience, or at least prior to it, is your obligation to form your conscience correctly.” – Justice Scalia
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Re: Help!! Application under review
is the Colorado charge equivalent to a Class A or B misdemeanor in Texas? If it is just class C then you should be good to go.
Colorado breaks DC down into 3 classes-
Class 1 Petty Offense Disorderly Conduct- usually fines only but can be up to 6 months in jail. Reads like Texas Class B misdemeanor.
Class 2 Disorderly conduct - fines up to $1000 and up to 1 year in jail. This reads like Texas Class A Misdemeanor.
Class 3 Disorderly Conduct- $50 and/or 6 months in jail. Class C possibly Class B range due to jail term possibility.
If it was dismissed then should not have problem, but since it was deferred adjudication initially I would contact DPS and see what they consider the charge to be equivalent to here. Convictions of a criminal act that is equivalent to Class A, Class B or Felony here would be a disqualifier on face value for the time periods listed on CHL app.
Colorado breaks DC down into 3 classes-
Class 1 Petty Offense Disorderly Conduct- usually fines only but can be up to 6 months in jail. Reads like Texas Class B misdemeanor.
Class 2 Disorderly conduct - fines up to $1000 and up to 1 year in jail. This reads like Texas Class A Misdemeanor.
Class 3 Disorderly Conduct- $50 and/or 6 months in jail. Class C possibly Class B range due to jail term possibility.
If it was dismissed then should not have problem, but since it was deferred adjudication initially I would contact DPS and see what they consider the charge to be equivalent to here. Convictions of a criminal act that is equivalent to Class A, Class B or Felony here would be a disqualifier on face value for the time periods listed on CHL app.
Re: Help!! Application under review
It says a Class 3 Misdemeanor Disorderly Conduct on the Colorado paperwork. Hopefully I am just fretting over nothing.
Re: Help!! Application under review
You'll be denied. You can't have disorderly conduct in past 5 years. it doesn't matter what grade of misdemeanor that is, A,B or C.
Re: Help!! Application under review
check out penal code 42.01 Disorderly Conduct for reference. Law Book states you cannot have a Class A or Class B OR Disorderly Conduct PC 42.01. Many have been denied with just having a Class C disorderly conduct deferred adjudication within the past 5 years.