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by Crossfire
Mon May 16, 2011 7:39 am
Forum: New to CHL?
Topic: Legal Eligibility Question
Replies: 7
Views: 1298

Re: Legal Eligibility Question

The 10 year deferred adjudication exemption only applies to non-violent felonies. It does not apply to misdemeanor cases.

A Class A misdemeanor conviction would make a person ineligible for 5 years from the date of conviction. DPS considers deferred adjudication to be a conviction.

However, since it has been sealed, the OP should be eligible under the provisions of GC §411.171:
(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
.

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