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by 3girlsformommy
Wed Apr 07, 2010 7:30 pm
Forum: General Texas CHL Discussion
Topic: Recent Changes in CHL / Deferred Adjudication
Replies: 30
Views: 7940

Re: Recent Changes in CHL / Deferred Adjudication

Please let know if the PM doesn't come thru -- I am new to your site and this type of communication.

I see it in the draft folder . . instead of the sent folder . .
by 3girlsformommy
Wed Apr 07, 2010 7:04 pm
Forum: General Texas CHL Discussion
Topic: Recent Changes in CHL / Deferred Adjudication
Replies: 30
Views: 7940

Recent Changes in CHL / Deferred Adjudication

Does anyone have any idea what prompted the recent change in the CHL laws? Prior to September 1, 2009 an individual with a deferred adjudication case more than 10 years old was eligible to get a CHL. Then burglary of a habitation was added to the list of offenses that prohibit an individual from EVER getting a CHL.

So a year ago my husband would have been eligible to get his CHL and now he's not EVER able to do so??!! He's been a model citzen, no legal infractions in over 20 years. He's wonderful father (of three girls, hence my screen name), husband, a mentor to recovering addicts, held leadership positions in every church we've ever attended.

Since burglary of a habitation is a felony, it cannot be expunged; although he IS seeing an attorney to have the record publicly sealed, it will remain to be viewed by the local, state, and federal government. That it is not what is most troublesome -- it's that basically he's gotten a life sentence of sorts, with no ability to appeal.

Worse yet, when his offence happened he was given the impression by his attorney that once he completed the deferred adjudication the offense would not appear on his record. We just discovered a year or so ago that it was listed on the DPS website!! Even though he did exactly what was required and took his life in an entirely different direction, he has not gotten the result that his (court appointed) attorney told him he would get.

He is also extremely unhappy to find his ability to protect himself and his family limited -- with no appeal or exception.

If you've got any ideas as to what preciptated this or what might be able to be done (preliminary discussion with an attorney indicates he's just out of luck here) would be greatly appreciated.

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