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Thanks again USA1!

I don't mean this to sound insulting or anything, but you and Joe must have been on the cheer squad in high school! You two are without fail, always encouraging folks here! It makes us realize we're not alone. My hat's off to the two of you....

Thanks Joe! Your encouragement has been wonderful!

Plastic came today!!!!!!!!!!!!

Thanks to everyone for the help and support!

Got a call this morning, my license is on its' way to the printer!!!!!

Just thought I'd post an update....

Last week, I spoke with the DPS attorney about my situation. He was very polite and friendly. I explained why I thought I should be eligible and he agreed to look at my case again.

Today, I got a call from him, and he agreed with me! He said he would clear my application and it would continue with the process! He said he was glad that I called him so we could work it out without having to have a hearing.

Hopefully, they've already looked at the fingerprints, and photos, and other background checks and it will just be a few days or weeks for the license to be printed. I guess, worst case is that it starts from square one and I wait the 60 odd days.

Finally, something to restore a little faith in the system.

Rob

Thanks again for the responses.

What I have read about deferred adjudication in Texas is exactly the same thing. The court requires either a guilty plea or a no contest plea. After the plea is entered, the court deferrs adjudication and orders supervised community service, ie probation. If the defendant goes the required time without getting into further trouble, the case is dropped.

That is exactly what happened to me, only the state it happened in called it suspended imposition of sentance instead of deferred adjudication as Texas calls it.

I'm not trying to ge argumentative, I just don't see how it is any different, and that is what I would base my appeal on.

Thanks again,
Rob

Well, to put it mildly, I'm bummed out. I've been on a three week trip out of the country, and was hoping to come back and find my plastic in the mail. Instead, I have a certified letter that says the Department has determined that I fail to qualify under eligibility criteria, blah, blah, blah.

Here's a synopsis of the situation:

20 years ago, while in college in another state, I did something stupid - resulted in Felony charges. In that state, to my knowledge, they didn't have "Deferred Adjudication" at that time, they used something called SIS - "Suspended Imposition of Sentance". This was as I understood it, exactly the same thing as what we now know as Deferred Adjudication.

I enter a guilty plea, with the understanding and agreement that the court will Suspend the Imposition of Sentance.
Court accepts guilty plea and orders 3 years community service.
I complete community service successfully.
I return to court, the state enters "Nolle Prosequi" - Not willing to prosecute.

I remember that the judge and my attorney clearly told me that one of the state requirements for a conviction was the imposition of a sentance, and that because the state was not willing to prosecute further, there was no sentance, and therefore no conviction.

I called the county clerk where this happened just before I sent my CHL application in, to get a copy of my records. She told me that they did have a card on file, and I think I remember she said it did not indicate a conviction. She also said that because it was so old, any additional files would have been destroyed because of the Suspended Imposition of Sentance status.

About 10 years later, I bought my first handgun. I was nervous about the NCIC background check, but it ended up being no problem. Another 10 years later, and I buy another handgun, again, no problem with the NCIC check.

I applied for my CHL in July. Of course, I reported the incident, and sent an uncertified copy of the records I had, since the county had basically no official records. Yesterday I got the denial letter from DPS.

Obviously, I'm bummed out and don't agree with their findings and would like to appeal the decision.

So here's a couple of questions:

1. Does anyone know of anybody being denied, requesting an appeal, and subsequently having their license issued after winning the appeal? I guess my question is along the lines of is it worth it to appeal? Do I really have a chance of winning, or once the DPS has made its' decision, will the judges usually go along with it? I don't want to get my hopes up or spend time and money if the chances of winning the appeal are zero before I even start.

2. Does anyone else see it my way - that the difference in "Deferred Adjudication" and "Suspended Imposition of Sentance" is basically semantics? Of course I do, but I also have a biased opinion, and may be reading things through rose colored glasses to see it my way.

3. Does anyone have a real experience in a hearing? If I decide to request the hearing, I don't know what to expect. Do I need an attorney with me? What kind of evidence do I need - like old statues, current statues, etc.?

4. If I do want to appeal, I have to respond in writing within 30 days. Should my letter simply state that I am requesting an appeal, or should I indicate basically what I have written above - attempt to explain why I think the decision was unjust. Along those lines, should I call the attorney from DPS that wrote the letter and attempt to explain my side of the story hoping he might understand and change his decision on his own?

Many thanks in advance!
Rob