TexasCHLforum.com

dingys32 wrote:I received Deferred Adjudication for a class B misdemeaner. The county court judge in my case later granted my motion to (quoting from his order) "dismiss the proceedings herein and discharge said defendant prior to expiration of the term of probation herein". The judge's order further specified: "It is FURTHER ORDERED that this dismissal and discharge shall not be deemed a conviction for the purpose of disqualifications or disabilities imposed by law for conviction of an offense except as specifically provided in Section 5(c) of Article 42.12 of the Texas code of Criminal Procedure".

Section 5(c) of Article 42.12 does NOT apply to my case.

Because of this incident in my criminal record, DPS has denied my CHL application based on Section 411.172(a)(8) ELIGIBILITY and 411.171(4) DEFINITIONS. As I read the statutes and from the previous posts here, it seems to me that DPS's ruling may not be correct. Does anyone know whether the 2009 addition of (4)(c) to 411.171 makes me eligible for a CHL?

readyrock wrote:

infoman wrote:Hi, Based on your post, I'm 100% sure you would be denied. Don't waste your money. Until the law changes, you would be denied for life.

The law has changed and I have received my CHL

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.)