Do deferred adjudication+ sealed = Safe to apply 4 CHL

[DelinquentCHL]

Sorry to resurrect an old thread, but this became relevant to my interests due to a Google search, and I didn't want the last poster to discourage some people who might be in a situation like my own.

(skipping items 1-20 for brevity)
(21) the Texas Department of Licensing and Regulation;

The Texas Department of Licensing and Regulation has NOTHING to do with CHL licensing, which is entirely handled by the Texas Department of Public Safety. Now, I'm not saying that the TxDPS won't get a hold of sealed records when investigating CHL applicants, though it would be questionably legal, but the last poster's information - while correct - is entirely irrelevant to the conversation at hand.

[Keith B]

Sorry to resurrect an old thread, but this became relevant to my interests due to a Google search, and I didn't want the last poster to discourage some people who might be in a situation like my own.

(skipping items 1-20 for brevity)
(21) the Texas Department of Licensing and Regulation;

The Texas Department of Licensing and Regulation has NOTHING to do with CHL licensing, which is entirely handled by the Texas Department of Public Safety. Now, I'm not saying that the TxDPS won't get a hold of sealed records when investigating CHL applicants, though it would be questionably legal, but the last poster's information - while correct - is entirely irrelevant to the conversation at hand.

First off, welcome to the forum.

I think the confusion is the Texas DPS Licensing and Registration Service under the Regulatory Services Division handles the CHL licensing, so the member in the previous post was thinking they were the same as they are similarly named.

AND, I can garuntee that the DPS can see ALL criminal history, so you must disclose it when you file.

[Hoosier Daddy]

Honesty is the best policy. There's lots of criminal history that won't disqualify anyone unless they lie about it.

[ONEDEEP76541]

Deferred adjudication felony convictions are exempt from conviction status unless given one of the charges stated by sub section 411.1711(murder,robbery, sex assault, burglary, assault ) adjudication-5yrs after dismissal or release a felon can purchase and own a fire arm. No chl without a non-disclosure which can be filed in the same time manner as the eligibility of purchase,5yrs after dismissal or release. Deferred only expect a delay.

[ONEDEEP76541]

1 January 2017 those charges under 411.171 may not be eligible for non-disclosure. Has anyone heard that. I think I may be mis-interpreting that info.

[Javier730]

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:

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.)

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.

Chas.

This.

[ONEDEEP76541]

I expect delay. Do you think I should send my proof of eligibility in before hand. I have my original order of deferred adjudication and the original order of dismissal of deferred adjudication. It was not a title 5,robbery, burglary, violent ,or sexual assault. My worry was the language " ten years preceding date of application ". Is that the start of your probation (according to the wording of my original order of deferred adjudication )or from the end of probation (order of dismissal)? Sorry so confusing!

[vjallen75]

I expect delay. Do you think I should send my proof of eligibility in before hand. I have my original order of deferred adjudication and the original order of dismissal of deferred adjudication. It was not a title 5,robbery, burglary, violent ,or sexual assault. My worry was the language " ten years preceding date of application ". Is that the start of your probation (according to the wording of my original order of deferred adjudication )or from the end of probation (order of dismissal)? Sorry so confusing!

I am not a lawyer but I think you should send that paper work in with your app. Just to be on the safe side.

[Javier730]

I expect delay. Do you think I should send my proof of eligibility in before hand. I have my original order of deferred adjudication and the original order of dismissal of deferred adjudication. It was not a title 5,robbery, burglary, violent ,or sexual assault. My worry was the language " ten years preceding date of application ". Is that the start of your probation (according to the wording of my original order of deferred adjudication )or from the end of probation (order of dismissal)? Sorry so confusing!

The very last day that you are done with everything like jail, community service, probation, etc. is your disposition date. That is the date they go by.

[justanotherone]

It is actually the date deferred adjudication was ENTERED, which is the date probation began, that the 10 year wait period begins. So if probation began April 2006, they would be eligible April 2016.