So, am I to understand that a granted motion for non-disclosure on a successfully completed deferred adjudication is considered sealed? In other words, regardless of the felony (violent crime, burglary of habitation, etc.), if it was deferred then non-disclosed, the person is still qualified for CHL?Charles L. Cotton wrote:HB2730 amended Tex. Gov't Code §411.171 to exclude from the definition of "conviction" any conviction or deferred adjudication that has been sealed. Here is the operative language:
Since your "deferred" was sealed, you should be fine, whether or not DPS is able to see the record. Be sure to disclose it, or you will give DPS a valid reason to deny your application.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.)
Chas.
If so, I really misunderstood that one.