TexasCHLforum.com

I made the mistake of getting arrested for DWI 5.5 years ago. I went through a pretrial diversion program. Completed the class and community service along with successful completion of 2 years probation. Will I be able to obtain a Texas CHL? Thanks.

erathar wrote:I made the mistake of getting arrested for DWI 5.5 years ago. I went through a pretrial diversion program. Completed the class and community service along with successful completion of 2 years probation. Will I be able to obtain a Texas CHL? Thanks.

5 years after the charge and you can, provided it's the only class B.

I believe it's 5 years after the final disposition of your case. I'm not sure if that is your court appearance or when you completed community service. Somebody with more knowledge than me please chime in.

my guess this is spam as the wording is almost exact as the last posing.

lildave40 wrote:my guess this is spam as the wording is almost exact as the last posing.

Nope - the other posts were deleted [by Mods].

We have a new Member asking an eligibility question. Then some folks decided to attack him, so those posts are gone. I've warned about doing that to people who ask about prior transgressions but it seems to have fallen on some deaf ears.

Chas.

Absolutely not spam. Obviously I have researched the 5 year part. Is that from court date or completion of probation? Any help is appreciated. This is a great site and very informative.

erathar wrote:Absolutely not spam. Obviously I have researched the 5 year part. Is that from court date or completion of probation? Any help is appreciated. This is a great site and very informative.

The five year period begins on the date the judge approves the deal. If you had a true pretrial diversion, then it's not a deferred adjudication and it is not a "conviction" for CHL eligibility purposes. However, what you describe does not sound like PTD.

Chas.

Nothing appears on my dps background check. I did find the record online with County clerk office. The exact wording is pre trial intervention. Any help?

erathar wrote:Nothing appears on my dps background check. I did find the record online with County clerk office. The exact wording is pre trial intervention. Any help?

Whether or not you are considered "convicted" according to GC 411 of DWI, it appears that either the 5 years have elapsed or you received a pre-trial diversion. In either case, you should be good to go and can apply. You just need to make sure that 5 years HAVE elapsed since the DWI (assuming not a PTD) and that you haven't gotten any other DWI in the 5 years preceding your last one.

No matter what, you will need to list the arrest on your application.

From what I read about pretrial diversion is that the case is removed from the court system and after successful completion the DA dismisses the charges so the OP doesn't have a conviction.
According to the DPS rules he still needs to list the arrest on his application, but sending a certified copy of the disposition will satisfy the DPS and they will issue the LTC.
The link below also states that the record can be expunged. IANAL, but if you hire one he might be able to get your record cleared.

http://www.nathanmillerlaw.com/Criminal ... rsion.aspx

Anybody else have first hand experience with pre trial intervention wis chl eligibility?

erathar wrote:Anybody else have first hand experience with pre trial intervention wis chl eligibility?

Been there, done that. Applied for CHL 18 months after dismissal and received CHL 3 weeks after all documents were sent in. However DPS never asked for my disposition paperwork so YMMV.

I did get a copy of my disposition though and it shows:
Original offense: Class A Misdemeanor
Final offense (area is blank)
Disposition: Dismissed

erathar wrote:Anybody else have first hand experience with pre trial intervention wis chl eligibility?

Yes I also went through pre trail intervention years ago( which is what the DA called mine) for a pretty serious charge that would've made me completely ineligable (actually was the first one in county to get it). Provided the disposition paperwork stamped by the Justice of The Peace. Got mine 3 weeks ago.

Sounds like I should be ok. Does anybody else have any advice?