State jail felony

[waymorepason]

So I am ready to get my CHL, After reading a little bit i saw that deferred adjudication will be treated the same as a conviction, I was arrested on a possession of marijuana(state jail felony) and was given 2 years probation and deferred adjudication which i successfully completed and was discharged from on 10/11/2011. I was misinformed thinking that Deferred adj. would not act as a conviction and am now worried that i wont be able to get my chl at all. Does anyone have any insight on this?

[PBR]

i think its 10 yrs from the end date -- you can get a chl cause friend of mine has felony poss and got his but like i mentioned its 10 yrs from completion date

[GlockDude26]

this is one of those cases where "felons" shouldn't own guns is a little off....for a little pot? really? obviously you weren't caught moving bricks or you'd still be in jail. another casualty of a fake war on drugs.....
(and ps before someone goes there, i've NEVER even smoked a cigarette...)

[AJSully421]

Call your lawyer, have them file to try to get an order of nondisclosure on that. That qualifies as being "Expunged, set aside, vacated, etc.".

Otherwise, 10 years from the date of discharge.

Edited to add: You must wait 5 years from date of discharge to file for a nondisclosure. 10/11/16.

[winters]

whats interesting to me is people who smoke pot cant legally buy a gun anyway. There is a question on the form about illegal drugs. and yes they are illegal at the federal level.

[cb1000rider]

Call your lawyer, have them file to try to get an order of nondisclosure on that. That qualifies as being "Expunged, set aside, vacated, etc.".

Curious - how does it qualify?

[waymorepason]

Thanks for the comments, it was a past mistake since then I have been in the military made SGT. Did one tour in Iraq was honorably discharged, started a family and haven't had any issues since. I'll wait the ten years, a bit steep but I just wanted to make sure I still could. And I can buy guns because I just did.

[AJSully421]

CG 411.171 (4) (c)

(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.

That "Sealed" part of (c) apparently is what an order of nondisclosure is considered. Had a buddy who did something stupid to an ex girlfriend in college and ended up with a burglary of habitation charge that got deferred. As you know, a DA of 30.02 (c)(2) is a perminent disqual for CHL. He completed it and waited his 5 years and then his lawyer filed to have it nondisclosed. He called down to Austin and they said because of that order of nondisclosure he was GTG for a CHL. He has it now. I have heard of others who did it for non-disqualifying offenses and were able to get a CHL in 5 years instead of waiting the whole 10.

[A-R]

this is one of those cases where "felons" shouldn't own guns is a little off....for a little pot? really? obviously you weren't caught moving bricks or you'd still be in jail. another casualty of a fake war on drugs.....
(and ps before someone goes there, i've NEVER even smoked a cigarette...)

State Jail Felony marihuana possession is more than "a little pot"

Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and
(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.105, eff. September 1, 2009.

[cb1000rider]

That "Sealed" part of (c) apparently is what an order of nondisclosure is considered. Had a buddy who did something stupid to an ex girlfriend in college and ended up with a burglary of habitation charge that got deferred. As you know, a DA of 30.02 (c)(2) is a perminent disqual for CHL. He completed it and waited his 5 years and then his lawyer filed to have it nondisclosed. He called down to Austin and they said because of that order of nondisclosure he was GTG for a CHL. He has it now. I have heard of others who did it for non-disqualifying offenses and were able to get a CHL in 5 years instead of waiting the whole 10.

Right, C is going to require some sort of legal action or disposition that isn't "deferred adjudication". IE - it'll cost more or the judge has to indicate it.

I don't exactly understand the point of deferred adjudication if the state treats it like a conviction in some cases...

And in terms of getting it sealed or having it expunged, the problem is that the data has already been sold down stream. It can take decades to actually fall off of a search.

[AJSully421]

That "Sealed" part of (c) apparently is what an order of nondisclosure is considered. Had a buddy who did something stupid to an ex girlfriend in college and ended up with a burglary of habitation charge that got deferred. As you know, a DA of 30.02 (c)(2) is a perminent disqual for CHL. He completed it and waited his 5 years and then his lawyer filed to have it nondisclosed. He called down to Austin and they said because of that order of nondisclosure he was GTG for a CHL. He has it now. I have heard of others who did it for non-disqualifying offenses and were able to get a CHL in 5 years instead of waiting the whole 10.

Right, C is going to require some sort of legal action or disposition that isn't "deferred adjudication". IE - it'll cost more or the judge has to indicate it.

I don't exactly understand the point of deferred adjudication if the state treats it like a conviction in some cases...

And in terms of getting it sealed or having it expunged, the problem is that the data has already been sold down stream. It can take decades to actually fall off of a search.

That is true. I do not remember the details, but he did have to pay the lawyer another $500 or so and the judge had to approve it (they can decline it).

I have not kept up with this guy much, so I have no way of knowing how long it takes to get out of the databases like publicdata.com and places where employers do BG searches.

[baldeagle]

I don't exactly understand the point of deferred adjudication if the state treats it like a conviction in some cases...

Neither did I, so I looked it up. http://www.avvo.com/legal-guides/ugc/wh ... judication" onclick="window.open(this.href);return false;

It appears that deferred adjudication is advantageous in some areas but not when it comes to CHL. Maybe Charles can explain it since he knows the history of CHL from personal experience. It smells to me like one of those political accommodations to get a bill passed.

[cb1000rider]

I get it.. We create the resolution of "Deferred Adjudication" and indicate that it isn't a conviction.
Then we create laws (licenses) that treat it as a conviction.
The joys of government.

[justanotherone]

Just to clear up a misunderstanding when it comes to the 10 year wait time after a qualifying felony deferred adjudiction regarding eligibility for a Texas LTC: The 10 year clock begins on the date deferred adjudication was ENTERED, which is the date probation began. NOT the date of discharge. Same applies to the 5 year wait time on a qualifying misdemeanor conviction: the 5 year clock begins on the date of CONVICTION, not the date of discharge. So if a person is placed on felony deferred adjudication probation for 2 years on a drug charge, and probation began 2009, they would be eligible for a Texas LTC 2019. Now, depending on how probation was terminated, it is possible to be immediately eligibe for a LTC as soon as probation was terminated. Otherwise, a nondisclosure after 5 years (from discharge here) is the way to go. Another option is obtaining a nonresident license from a state such as Florida, which doesnt treat deferred adjudications as a conviction quite the same as Texas does. If you have any questions, please do ask me.

[BTP]

Another option is obtaining a nonresident license from a state such as Florida, which doesnt treat deferred adjudications as a conviction quite the same as Texas does. If you have any questions, please do ask me.

The fine print and loopholes are funny.