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When I was a stupid teenager (18) I had a felony charge of Possession of Prohibited weapon back in 1985 (I experimented with explosives.... long story) and given deferred adjudication (top of probation order is stamped "Unadjudicated") in 1986. I was discharged from probation in 1989 and the request signed by the judge states "......be released from further probation, granted a new trial, probation set aside and the cause be dismissed from the docket of the court." I recently found document at the courthouse titled "Order Discharging and Releasing Defendant From Probation and it clearly states " and the court further finds the defendant.... has entered a plea of guilty and that such verdict should be set aside or withdrawn and the accusation, complaint, information or indictment should be dismissed and defendant be released from all penalties and disabilities resulting from the above named crime or which the defendant has pleaded guilty...... . This paper is also marked "Unadjudicated"

I've been a good guy since then and according to everything I have read I should be able to get my CHL. My family has encouraged me for years to get it but I assumed I wouldn't qualify. I called DPS, spent an hour on hold, and they stated enough time had passed and my release orders directly addresses the indictment be dismissed.

.......Wish me luck that the gentleman I spoke to was correct.

FM

I think you will be good in 2 ways. 1. the order says set aside and 2. its been over 10 years and even if its considered differed its expired so your good to go there. I dont know about weapons violations though. sorry but good luck, I have to get my order to say the same thing now!

even if you have a conviction for UCW or unlawfully carrying a weapon, possession of an illegal destrutive device or possession of an illegal weapon those are all misdemeanors class A the limit on exclusion has passed, you have to get the disposition for it but you are good

Unfortunately my charge was a felony and the reason I was concerned about being disqualified.

We shall see... I'll keep this thread updated.

It appears all is well. The documents I provided answered all of the investigators questions and I cleared background check. Status is now "manufacturing".

Wish I would have done this sooner......

Fingerman wrote:It appears all is well. The documents I provided answered all of the investigators questions and I cleared background check. Status is now "manufacturing".

Wish I would have done this sooner......

Fingerman wrote:Unfortunately my charge was a felony and the reason I was concerned about being disqualified.

We shall see... I'll keep this thread updated.

Felonies are permitted after 10 years. It's a great deal more than 10 years since your conviction was set aside, but even if your conviction stood, you would still qualify due to the elapse of time.

You'll be fine. Back in '92-'94 I did alot of stupid stuff. I had several charges and did 10 years deferred. Some of the charges similar to yours. Just make sure you send in the dispositions and releases. If you were ever arrested for anything else even if the charges were dropped, get the clerk in that county to give you a letter stating that no other records exist. Without that letter, dps will send you a letter wanting more info. It will set you back. Good luck and have fun checking your status every 15 minutes

baldeagle wrote:

Fingerman wrote:Unfortunately my charge was a felony and the reason I was concerned about being disqualified.

We shall see... I'll keep this thread updated.

Felonies are permitted after 10 years. It's a great deal more than 10 years since your conviction was set aside, but even if your conviction stood, you would still qualify due to the elapse of time.

Code Reference?

sjfcontrol wrote:Code Reference?

I sent DPS a email before I applied cause I had a felony theft charge when I was 13rys old on my juvenile record back in 1998.

They sent a response 5 weeks later saying that you are eligible to apply after 10yrs.

nightmare69 wrote:

sjfcontrol wrote:Code Reference?

I sent DPS a email before I applied cause I had a felony theft charge when I was 13rys old on my juvenile record back in 1998.

They sent a response 5 weeks later saying that you are eligible to apply after 10yrs.

That would most likely be felony juvenile delinquent charge, and is covered under GC411.172(a)(13)

13. has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law in the grade of felony

Note that this only applies to juvenile charges.

Adult felonies are permanent disqualifiers. See GC 411.172(a)(3)

(A person is eligible for a license if he) has not been convicted of a felony.

My plastic arrived today. Had no problems or delays.

Thank you to those who responded.

Congrats Fingerman!

Thank you.... Thank you very much!

60 days mailbox - mailbox.

Congrats.