TexasCHLforum.com

cb1000rider wrote:

AJSully421 wrote: That "Sealed" part of (c) apparently is what an order of nondisclosure is considered. Had a buddy who did something stupid to an ex girlfriend in college and ended up with a burglary of habitation charge that got deferred. As you know, a DA of 30.02 (c)(2) is a perminent disqual for CHL. He completed it and waited his 5 years and then his lawyer filed to have it nondisclosed. He called down to Austin and they said because of that order of nondisclosure he was GTG for a CHL. He has it now. I have heard of others who did it for non-disqualifying offenses and were able to get a CHL in 5 years instead of waiting the whole 10.

Right, C is going to require some sort of legal action or disposition that isn't "deferred adjudication". IE - it'll cost more or the judge has to indicate it.

I don't exactly understand the point of deferred adjudication if the state treats it like a conviction in some cases...

And in terms of getting it sealed or having it expunged, the problem is that the data has already been sold down stream. It can take decades to actually fall off of a search.

That is true. I do not remember the details, but he did have to pay the lawyer another $500 or so and the judge had to approve it (they can decline it).

I have not kept up with this guy much, so I have no way of knowing how long it takes to get out of the databases like publicdata.com and places where employers do BG searches.

CG 411.171 (4) (c)

(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;
(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.

That "Sealed" part of (c) apparently is what an order of nondisclosure is considered. Had a buddy who did something stupid to an ex girlfriend in college and ended up with a burglary of habitation charge that got deferred. As you know, a DA of 30.02 (c)(2) is a perminent disqual for CHL. He completed it and waited his 5 years and then his lawyer filed to have it nondisclosed. He called down to Austin and they said because of that order of nondisclosure he was GTG for a CHL. He has it now. I have heard of others who did it for non-disqualifying offenses and were able to get a CHL in 5 years instead of waiting the whole 10.

Call your lawyer, have them file to try to get an order of nondisclosure on that. That qualifies as being "Expunged, set aside, vacated, etc.".

Otherwise, 10 years from the date of discharge.

Edited to add: You must wait 5 years from date of discharge to file for a nondisclosure. 10/11/16.