Legal Eligibility Question

[tdoginallen]

New to the forum and the idea of getting a CHL.

Was put on deferred adjudication for class A misdemeanor assault in 2008. Released from probation in 2009 with case dismissed. Finally had the record sealed in April. Also recently had a public intox citation expunged as I was acquitted.

I've read and reread the statutes, and am still unclear on the requirements. Am I eligible for a CHL now? Or do I have to wait 10 years? What do I have to disclose on the application? Both the sealed record and the expunged record? Or just the sealed?

If I have to disclose, what do I need to submit with the application?

Thanks for the help and clarification. Just trying to sort through the legal mumbo jumbo. Apologize if this has already been covered, but this forum has tons of information and I couldn't find anything relating to something similar to my situation. Most posts are dealing with adjudicated felonies.

[tdoginallen]

Oh, and by the way, it wasn't "family violence". Got attacked at a bar and ended up being the only one standing at the end.

Any help would be appreciated.

[apostate]

A class A misdemeanor conviction is a 5 year wait (GC §411.172) and deferred adjudication counts as a conviction for at least ten years (GC §411.1711) unless it was expunged, you were pardoned, etc.

[stealthfightrf17]

My Understading from other postings is that you would have to get a certifed letter stating that it was expunged from you record, or no record exsists. I would get that and send it in at the time you apply before they ask for it.

[Crossfire]

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.

[tdoginallen]

Thank you to Crossfire! This was also how I interpreted the law, but wanted someone with more experience to confirm my understanding.

[stealthfightrf17]

New to the forum and the idea of getting a CHL.

Was put on deferred adjudication for class A misdemeanor assault in 2008. Released from probation in 2009 with case dismissed. Finally had the record sealed in April. Also recently had a public intox citation expunged as I was acquitted.

I've read and reread the statutes, and am still unclear on the requirements. Am I eligible for a CHL now? Or do I have to wait 10 years? What do I have to disclose on the application? Both the sealed record and the expunged record? Or just the sealed?

If I have to disclose, what do I need to submit with the application?

Thanks for the help and clarification. Just trying to sort through the legal mumbo jumbo. Apologize if this has already been covered, but this forum has tons of information and I couldn't find anything relating to something similar to my situation. Most posts are dealing with adjudicated felonies.

Dismissed is the key word I am looking at, that would mean the charges were droped and showed not be on your record. If that is the case, it is as you were never charged

[dminkel]

If you haven't already sent in your paperwork, the answer to your question is NO, and if you would like to know why, read what I posted on ReadyRocks qustion so I don't have to type it again

viewtopic.php?f=7&t=29441&p=550255#p550255" onclick="window.open(this.href);return false;

The question never asked you for any other outcome except "pending" or "dismissed". Make no mistake, the wording is precise. If they wanted an answer for EVERY out come it would have said "Regardless of the Outcome"