Getting a CHL from another state (ie Florida)

bjo · #1

Due to some stupid decisions I made when I was 18 ( I am 31) it seems that I am not eligible for the Texas CHL. I recieved a deferred adjudication for a non-violent class 3 felony. Yeah...Stupid. I am alot wiser now, but I do fear for the safety of my wife and myself when we go places. We do not go anywhere dangerous, but my thinking is that thugs don't steal/attack people in their own neighborhood. I saw that I can apply for a non-resident Florida CHL and Texas would honor it. Looking at the Florida requirements, it seems that I can qualify. From the Florida website:

"Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless three years have elapsed since probation or other conditions set by the court have been fulfilled."

So is this legal to do? I'm sure that there are a few people who do not qualify for the Texas CHL have done this, right? Thanks!

Kalrog · #2

I hope Chas will answer on the specific question you asked - but what about expunging your record? Is that an option? Then you could get that TX license again...

wrt45 · #3

If its a non-violent felony that was handled by deferred ajudication more than 10 years ago, you should be eligible for a Texas CHL, as of Sept. 1.

#4

bjo:
Welcome to TexasCHLforum. Based upon the information you have given, it appears you are now eligable for a Texas CHL.

HB1831 by Talton passed and went into effect on Sept. 1, 2005. Pursuant to its provisions, the definition of "conviction" will exclude deferred adjudications if 1) they are over 10 years old; and 2) do not involve violent crimes, i.e. those covered in the Texas Penal Code, Title 5 - Offenses Against the Person (murder, kidnaping, sexual assault, assault, trafficking of persons), or Chp. 29 (Robbery).

Congratulations, you can now apply for your CHL.

Regards,
Chas.

Here is the relevent text of HB1831:

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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.
SECTION 2. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1711 to read as follows:
Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171,
if an order of deferred adjudication was entered against the person
on a date not less than 10 years preceding the date of the person's
application for a license under this subchapter unless the order of
deferred adjudication was entered against the person for an offense
under Title 5, Penal Code, or Chapter 29, Penal Code.
SECTION 3. This Act takes effect September 1, 2005.

wrt45 · #5

If its a non-violent felony that was handled by deferred ajudication more than 10 years ago, you should be eligible for a Texas CHL, as of Sept. 1.

wrt45 · #6

Sorry....I have no idea why my post appeared twice........

#7

wrt45 wrote:Sorry....I have no idea why my post appeared twice........

I bet it had something to do with you and I posting at exactly the same time.

Chas.

bjo · #8

Guys, thanks for clearing that up! I will definitely take my CHL now and my money can pay for the Texas program. You guys rock!
-BJ

dws1117 · #9

Welcome to the forum. Hope everything will work out for you.