Can I get my CHL or Yes or No

[dwhitley]

This is my story... In 1991 I was 21 years old worked for a company that sold computers, and being a nerd I stole one valued over $2000. I got deferred adjudicated probation which I completed with no problems and have not been in trouble since. Today I am the director of IT for a large company and also own my own computer repair shop. I want to get a CHL, but want to make sure I can. I talked to the court to make sure what the deal was cause well it was a long time ago. I was told it was a completed and shows no conviction just deferred adjudicated it was a stail jail felony, but I served no time at all. So with all that would the 10 year deferred adjudication apply here. I called and spoke with a DPS Tech who approves and she said it should go through but wanted to see if anyone had first hand experience with this. Thanks for the help in figuring this out.

[Venus Pax]

I think you're okay, but hopefully one of the instructors will reply.

[nitrogen]

You are not eligible

"Convicted" means an adjudication of guilt, 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
(8) pardoned under the authority of a state or federal official.

[Charles L. Cotton]

Get a Utah CFP. Utah doesn't treat deferred adjudication as a conviction.

Chas.

[Crossfire]

Sounds to me like you meet the deferred adjudication exemption, and ARE eligible for a Texas CHL.

But, you could always get a Utah CFP also, since Utah does not treat deferred adjudication as a conviction.

[srothstein]

From what I have read, and I am no expert on this, it will depend on exactly how the deferred adjudication was entered in the court records. Some courts have required a finding of guilt, then sentenced the person to probation, and then found the person not guilty when the probation was completed. Under DPS rules, this counts as a conviction.

But, some courts also used deferred adjudication as a form of pre-trial diversion. In these cases, the judge ordered the probation with no plea or finding of guilt. After the probationw as completed, the case was dismissed. If this is what happened, you might be eligible for a CHL.

I would agree with everyone else and suggest the Utah license. It would avoid the problem and be much easier.

[dwhitley]

Ok so if I get a Utah licence will it be good for Texas too? I guess the thing is from the DPS this is what it states: I would think this would apply for me.

GC 5 411 .I 71 1. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defmed by Section 411 .I 71, 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.
These are offenses involving people and violence.

And thanks for all your input. I just hate to waste money on the class just to be denied... So if anyone out there knows for sure please chime in.... Again thanks for all your help.

[gus]

If your disposition reads "dismissed" you are good to go. You can take that to the bank, done been there and done that and got the proof in my wallet!

[dwhitley]

I am not sure I am waiting to get the court records, I do know this... the court clerk said it does not say a conviction. Which I know DPS still looks that that as a convictions but it does state this:
I can after 10 years and its been like 17. I need this because I own my own company and just like last night taking out a grand at night for the bank it would feel a lot better having my Glock with me. I mean I know when I was younger what I did was wrong... I was stupid and being a computer nerd and seeing the latest computer on the shelf well it was too tempting but I did not hold anyone up or go violent on anyone... and I paid it all back and then some with community service... wrong is wrong, but I do feel like I contribute to my community now... Anyone else have thoughts on this or experience with the facts of the 10 year deferred deal with the DPS please let me know.. again this is a great board and I appreciate all the replies...

[barres]

it would feel a lot better having my Glock with me.

First off, I am not a lawyer. That said, did you purchase "your Glock" from a dealer? If so, then the Feds do not consider you to be a convicted felon, or your purchase would not have gone through. (If you bought it from a private party, you may have bought yourself a whole heap of other trouble, but we won't go there. ) I do not know if the Federal distinction of not being a felon would matter significantly in your case in getting a CHL, but I know it wouldn't hurt. It would also allow you to (or at least not prevent you from) carrying in your vehicle legally.

[dwhitley]

I bought it from Academy they did my background check took about 10 minutes and I had my gun. I know this I do not show a felony on my record it states Deferred Adjudicated no conviction.
Hope that helps.. I have my court records coming like I said this was 17 years ago and really I dont even remember all the legal details... I did call the DPS and the Agent told me I should not have a problem, but it really comes down to the person doing the application.

[WarHawk-AVG]

I bought it from Academy they did my background check took about 10 minutes and I had my gun. I know this I do not show a felony on my record it states Deferred Adjudicated no conviction.
Hope that helps.. I have my court records coming like I said this was 17 years ago and really I dont even remember all the legal details... I did call the DPS and the Agent told me I should not have a problem, but it really comes down to the person doing the application.

Sounds like you are good to go...if you make it thru NICS in 10 min flat you have a pretty clean record

When you take the course...put ALL that info down in the box...if they run it and deem it bad they will send a letter back to you....if it clears they will send you plastic, all they can do is say 'no'

[Charles L. Cotton]

From what I have read, and I am no expert on this, it will depend on exactly how the deferred adjudication was entered in the court records. Some courts have required a finding of guilt, then sentenced the person to probation, and then found the person not guilty when the probation was completed. Under DPS rules, this counts as a conviction.

But, some courts also used deferred adjudication as a form of pre-trial diversion. In these cases, the judge ordered the probation with no plea or finding of guilt. After the probationw as completed, the case was dismissed. If this is what happened, you might be eligible for a CHL.

Correct. There are two Texas Supreme Court cases directly on point. In my view it's a distinction without a difference, but that is the case law in Texas.

If this occurred in Texas, then you should be fine as Texas courts never enter a finding of "guilt" in connection with deferred adjudication. If this happened in another state, it will depend upon whether the court made a docket entry of "guilt" then set it aside later. If this occurred, you have a conviction for purposes of a Texas CHL, but not for NICS or anywhere else in the free world.


Chas.

[dwhitley]

Yes it happened in Texas... The lady from the court says its not listed as a conviction, but I should have all the court papers by end of this week or first part of next week. I will know more then I do remember the lawyer saying this is not a guilty plea this is what the DA wants to offer which is for a first offense... of course I also go the story that once all was completed you will no longer have a record just shows as an arrest... I hate that because they tell so many people that bull and its not true... Thanks for all the info... this is a great site ...

[texasccw]

I am not sure I am waiting to get the court records, I do know this... the court clerk said it does not say a conviction. Which I know DPS still looks that that as a convictions but it does state this:
I can after 10 years and its been like 17. I need this because I own my own company and just like last night taking out a grand at night for the bank it would feel a lot better having my Glock with me. I mean I know when I was younger what I did was wrong... I was stupid and being a computer nerd and seeing the latest computer on the shelf well it was too tempting but I did not hold anyone up or go violent on anyone... and I paid it all back and then some with community service... wrong is wrong, but I do feel like I contribute to my community now... Anyone else have thoughts on this or experience with the facts of the 10 year deferred deal with the DPS please let me know.. again this is a great board and I appreciate all the replies...

I carry with me at all times from my place of business to my vehicle and to my home (license pending). This IS NOT against the law. Your vehice is an extension of your home and you have a right to protect yourself. It is called Castle Doctrine. We all make mistakes, how we recover is the important part. Hope it all works out for you.