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by Charles L. Cotton
Mon Sep 28, 2009 1:38 pm
Forum: General Texas CHL Discussion
Topic: I Got a Denial Letter, Now What???
Replies: 43
Views: 8492

Re: I Got a Denial Letter, Now What???

USA1 wrote:
Charles L. Cotton wrote: As of Sept. 1, 2009, the law changed. Any "conviction" that has been set aside by any method is no longer a conviction for purposes of CHL eligibility.
does this mean that a deferred adjudication no longer = conviction for CHL purposes ?
No, this is a little twist. A deferred adjudication is still a "conviction" for CHL eligibility, but if it's for a non-violent felony then it's not a "conviction" after 10 years. The new statutory language about "set-asides" is very broad and covers any time of order setting aside a judgment.

Chas.
by Charles L. Cotton
Sun Sep 27, 2009 8:57 pm
Forum: General Texas CHL Discussion
Topic: I Got a Denial Letter, Now What???
Replies: 43
Views: 8492

Re: I Got a Denial Letter, Now What???

A deferred adjudication is a "conviction" in Texas for purposes of CHL eligibility, unless it is for a non-violent felony and is at least 10 years old. From your description I can't tell if you were given what amounts to a deferred adjudication, or where convicted and given probation.

As of Sept. 1, 2009, the law changed. Any "conviction" that has been set aside by any method is no longer a conviction for purposes of CHL eligibility. If you can get any document that says the "conviction" was set aside, or a document that says they have no records, then you qualify. Since you applied in July, this was not the law at that time.

Call me at my office tomorrow if you like. 713-228-0700.

Chas.

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