2 convictions in a ten year period.

[headbutt]

Hi everyone, new here and have a few questions.

I had a conviction deferred in 2000 which resulted in probation and a conviction plead guilty to in 2001. My question is regarding the ten year period rule. If I apply when the the first conviction is out of the "last ten years" period, will I be eligible because the first one wont fall in the ten year period from the date of the application?
They where Class C and A Misd. that pertain to this rule.
I read that I would have to wait 10 years after the last conviction, but that does not make any sense to me.

Do they go by the date of the conviction or will they go by the date that my probation was over?

Also regarding previous address information, I am really bad about updating my current address info when I move. Is this going to create problems? Do I go by the dates I actually lived there or by when I actually updated my drivers license with the correct information?

Thanks.

[Hoi Polloi]

What were the convictions? The time lines are different depending on the issues, particularly if they involved drugs, alcohol, domestic violence, weapons, or disorderly conduct. The easiest way to post would look like this:

EXAMPLE:
June 2000 - Pled guilty to Class C misdemeanor, jaywalking
July-Sept 2000 - Probation
October 2000 - Deferred Adjudication complete

[MoJo]

Date of conviction.

[headbutt]

With all due respect, the question can be answered without additional information. I all ready know that the convictions fall under the chemical dependence 10 year period rule, as I all ready stated. The convictions are not in question here, only the timeline of events.

Not considering any other factors, lets say the 1st disposition date is 12/2000 and the 2nd is 12\2001. Now lets say I apply on 2/2011, therefore the 1st conviction is now out of the 10 year period from which I apply leaving only 1 conviction in the 10 years previous to the date of the application. Will I now be eligible, or do I need to wait 10 years after the last conviction?


Thanks again.

[cbr600]

I had a conviction deferred in 2000 which resulted in probation and a conviction plead guilty to in 2001. My question is regarding the ten year period rule. If I apply when the the first conviction is out of the "last ten years" period, will I be eligible because the first one wont fall in the ten year period from the date of the application?
They where Class C and A Misd. that pertain to this rule.
I read that I would have to wait 10 years after the last conviction, but that does not make any sense to me.

Unless I'm missing something, only "an offense of the grade of Class B misdemeanor or greater" counts.

You should document the disposition of the charges if you were arrested for a Class C misdemeanor, but you should do that even if charges were dropped or the verdict was not guilty. An alcohol/drug Class C misdemeanor conviction shouldn't affect your eligibility, AFAIK.

[headbutt]

Unless I'm missing something, only "an offense of the grade of Class B misdemeanor or greater" counts.

You should document the disposition of the charges if you were arrested for a Class C misdemeanor, but you should do that even if charges were dropped or the verdict was not guilty. An alcohol/drug Class C misdemeanor conviction shouldn't affect your eligibility, AFAIK.

Thanks for your response, but would 2 alcohol/drug related misdemeanors in a 10 year period, regardless of Class, cancel out or over rule the statements in bold?

[Oldgringo]

Unless I'm missing something, only "an offense of the grade of Class B misdemeanor or greater" counts.

You should document the disposition of the charges if you were arrested for a Class C misdemeanor, but you should do that even if charges were dropped or the verdict was not guilty. An alcohol/drug Class C misdemeanor conviction shouldn't affect your eligibility, AFAIK.

Thanks for your response, but would 2 alcohol/drug related misdemeanors in a 10 year period, regardless of Class, cancel out or over rule the statements in bold?

Would it not be appropriate to pose these questions to the issuing agency? After all is said and done, the issuing agency makes and enforces the rules.

[Charles L. Cotton]

With all due respect, the question can be answered without additional information. I all ready know that the convictions fall under the chemical dependence 10 year period rule, as I all ready stated. The convictions are not in question here, only the timeline of events.

Not considering any other factors, lets say the 1st disposition date is 12/2000 and the 2nd is 12\2001. Now lets say I apply on 2/2011, therefore the 1st conviction is now out of the 10 year period from which I apply leaving only 1 conviction in the 10 years previous to the date of the application. Will I now be eligible, or do I need to wait 10 years after the last conviction?


Thanks again.

Welcome to the TexasCHLforum. Our Members pride themselves on providing as accurate and complete answers as possible to questions and this is why we often ask for more information. Since you are posting under a screen name and not your real name, I don't see a problem with disclosing the additional information requested. There can be other factors that would make you ineligible, but I won't bother to go into those since I don't have any additional information.

The short answers to your questions are: 1) the 10 year exclusionary period begins on the date of the conviction on the earliest charge; 2) Class C alcohol convictions are not disqualifying in and of themselves, nor are they considered in the 10 year exclusionary rule. However, they can be evidence of chemical dependency; 3) hibitual failure to timely notify DPS of address changes will be a problem; and 4) never falsify a government document (it's a Class A Misdemeanor).

Chas.

(c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.

Emphasis added.

[wford]

Does this help ?

(c) An individual who has been convicted two times within the10-year
period preceding the date on which the person applies for a license of
an offense of the grade of Class B misdemeanor or greater that involves
the use of alcohol or a controlled substance as a statutory element of the
offense is a chemically dependent person for purposes of this section and
is not qualified to receive a license under this subchapter. This subsection
does not preclude the disqualification of an individual for being a chemically
dependent person if other evidence exists to show that the person
is a chemically dependent person.

[Charles L. Cotton]

This thread is being locked at the request of the original poster.

Chas.