deferred adjudication +10

[Odie3]

Hi,

I am wondering but my deferred adjudication for "credit card abuse" from 04/1990, which is a Class "C" Felony. Am I disqualified from a from getting a CHL? From my searching it appears that I might be able to since it's over 10 years old, but not sure if "Credit Card Abuse" is one that permanently make me ineligible, even after 10 years.

[longhorn86]

You should be ok because your deferred adjudication was disposed over 10 years ago and it was not a crime against person, which covers violent offenses such as assault, aggravated robbery, sexual assualts, etc as listed in the highlighted sections of the penal code below.

Just make sure that you list the arrest on the application. You will need a certified copy of the disposition showing the defferred adjudication from the county clerk's office to include with your application.

BTW - Welcome to the forum!


GC § 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, 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).

[gigag04]

Might be hosed under fed's law though.

[longhorn86]

Might be hosed under fed's law though.

True, if one is ineligible to purchase/possess firearm according to federal law, then they would be disqualified for CHL. I incorrectly assumed he/she could legally own a firearm.

[bayouhazard]

Might be hosed under fed's law though.

I thought the Feds only counted convictions, not deferred adj or pre trial diversons or similar dispositions.

I think OP should call DPS and get an official answer.

[Odie3]

I have spoke with another member via PM and he/she had a very similar background. with answering truthfully, proper wait time after dismissal and with paper from the county clerks office showing the out come from the deferred adjudication, CHL was approved.

[RPBrown]

IANAL but I think if it was a felony he is not eligable at all even with Deferred Adjudication

[Crossfire]

Successful completion of deferred adjudication does not count as a conviction for anything other than CHL purposes.