TexasCHLforum.com

ONEDEEP76541 wrote:I expect delay. Do you think I should send my proof of eligibility in before hand. I have my original order of deferred adjudication and the original order of dismissal of deferred adjudication. It was not a title 5,robbery, burglary, violent ,or sexual assault. My worry was the language " ten years preceding date of application ". Is that the start of your probation (according to the wording of my original order of deferred adjudication )or from the end of probation (order of dismissal)? Sorry so confusing!

Charles L. Cotton wrote:HB2730 amended Tex. Gov't Code §411.171 to exclude from the definition of "conviction" any conviction or deferred adjudication that has been sealed. Here is the operative language:

Tex. Gov't Code §411.171 wrote:SECTION 6.06. Section 411.171(4), Government Code, is amended to read as follows:
(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; [or]
(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. (Emphasis added.)

Since your "deferred" was sealed, you should be fine, whether or not DPS is able to see the record. Be sure to disclose it, or you will give DPS a valid reason to deny your application.

Chas.