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Deferred Adjudicated Probation - Time Limit Question

Posted: Thu Jun 03, 2021 9:38 pm
by Dannyboy
Hello -

In 2009, I was charged with possession of $30 worth of methamphetamine. In June of 2010, I was placed on 3 years of Deferred Adjudicated Probation, and successfully completed the probation in June of 2013. It's behind me and I don't associate with anyone who uses drugs since then.

Does the 10 year rule begin from the date I completed the probation, or from the date I was placed on probation? I've heard varying answers to this question.

Either I'm eligible now to apply, or I have to wait until June of 2023.

Thanks for any attempt to answer, or for sharing if you positively know the answer. Things have gotten crazy enough in this world that Im ready to do my part. Too many mass shootings or just shootings in general. Friends have been shot for no good reason other than a thrill or gang initiation here in San Antonio. In regards to active shooters - it really does seem that the best Johnny on the spot answer, is for a good guy with a gun and some training to respond. I have guns in my home, but am ready for the option to carry.

Thanks

Re: Deferred Adjudicated Probation - Time Limit Question

Posted: Thu Jun 03, 2021 10:47 pm
by infoman
The date you were first given deferred adjudication

Re: Deferred Adjudicated Probation - Time Limit Question

Posted: Fri Jun 04, 2021 7:29 am
by Dannyboy
Thanks man, you are always cut and dry straight to the point and answer. That is appreciated.

Re: Deferred Adjudicated Probation - Time Limit Question

Posted: Fri Jun 04, 2021 9:28 am
by RoyGBiv
infoman wrote: Thu Jun 03, 2021 10:47 pm The date you were first given deferred adjudication
This is my understanding as well. The clock starts on the date the judgement was handed down/entered.
** I am not a lawyer. This is NOT legal advice.!

I believe this is the relevant penal code text. (Emphasis mine)
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:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07 or 25.072, Penal Code; or
LTC-16 Page 10 of 147
(D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).