Defered Adjudication

[Hercowboy606]

Back in 1987 I received deferred adjudication for burglary of a building. Will I receive a denial for a CHL or because it is older than 10 years will I be ok? There have been no additional issues since then. As far as I can tell I should be ok as I do not see this under Texas Penal code Title 5

[Keith B]

Welcome to the forum.

Was your charge a felony? Or was is lowered to a misdemeanor?

[Charles L. Cotton]

If it was a habitation then you are not eligible, but if it was not a habitation, you are eligible. Tex. Gov't Code §411.1711 was amended in 2009 by adding totally unjustified language to the DPS sunset bill that included burglary of a habitation to Title 5 and Chp. 29 offenses that result in permanent disqualification. I can't go into details about who wanted this, but it was wrong and it points out the injustice of including any successfully completed deferred adjudications in the definition of "conviction" for CHL eligibility purposes.

Chas.

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, Penal Code; or
    
    (D) Section 30.02 [burglary], Penal Code, if the offense is punishable under Subsection (c)(2) [habitation] or (d) of that section [habitation]; 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).

[Hercowboy606]

It was a convience store. I was just under 18 years old and we did something very stupid for beer. It was a felony in which I received deferred adjudication, served my probation and was done. No one was in the store as it was after hours.

[Charles L. Cotton]

It was a convience store. I was just under 18 years old and we did something very stupid for beer. It was a felony in which I received deferred adjudication, served my probation and was done. No one was in the store as it was after hours.

Then you should be fine.

Chas.

[Hercowboy606]

I want to thank you for helping me know. Even after all these years it is embarrassing to talk about. Each of you have been gracious and I really appreciate it. Thank you again.

[Jnsey]

I don't want to change the topic to much but I have a similar question. What date specifically does the 10 year countdown start. I have looked up my background on publicdata.com and there are several dates of different things. A little background, I was charges with state jail felony theft in the early 2000s and my lawyer said deferred adjudication was my best choice. I'm interested in getting my CHL but don't want to take my class and submit my application before I'm eligible. Thanks for any and all help.

[RPBrown]

I don't want to change the topic to much but I have a similar question. What date specifically does the 10 year countdown start. I have looked up my background on publicdata.com and there are several dates of different things. A little background, I was charges with state jail felony theft in the early 2000s and my lawyer said deferred adjudication was my best choice. I'm interested in getting my CHL but don't want to take my class and submit my application before I'm eligible. Thanks for any and all help.

The date the order was issued by the judge, conviction date.

[Jnsey]

Thanks for the info, looks like I have a little over a year to wait.

[RX8er]

I want to thank you for helping me know. Even after all these years it is embarrassing to talk about. Each of you have been gracious and I really appreciate it. Thank you again.

I think everyone on this forum can look at something they have done in the past and said "boy, that was a dumb decision" I made. Some decisions are just more dumb than others.

Welcome and I hop you stick around.

[soccerma13]

If you submit an application and you are say, 9 years 6 months, past a deferred, non violent felony....do they consider year to year -2003 to 2013 - as the ten years, or the actual day?

Also, how long after completing the training class do you have to submit the license application? Is the class certification good for the four years regardless of whether or not you completed all phases of the process?

Thanks in advance!

[RPBrown]

I want to thank you for helping me know. Even after all these years it is embarrassing to talk about. Each of you have been gracious and I really appreciate it. Thank you again.

I think as youngsters we all make those dumb decisions. I had my fair share as well as enough for some others. The saving grace was I never got caught thank God. Been so long ago now that I cant even remember most of them.

[Keith B]

If you submit an application and you are say, 9 years 6 months, past a deferred, non violent felony....do they consider year to year -2003 to 2013 - as the ten years, or the actual day?

Also, how long after completing the training class do you have to submit the license application? Is the class certification good for the four years regardless of whether or not you completed all phases of the process?

Thanks in advance!

Welcome to the forum.

The date is 10 years from the date of conviction actual day.

After completeing the class, your CHL-100 is good for 2 years. So as long as you can legally possess a firearm you can take the class shortly before your 10 year expiratioin and then apply to DPS after that date. You will need to list any arrests and have paperwork showing the current disposition of any of those.