yet another eligibility question

[alexrex20]

OK, here goes...

In 2004 I was arrested for Deadly Conduct - Class A Misdemeanor, for which I took deferred adjudication and successfully completed my probation. In 2011 I received nondisclosure for this charge.

In 2007 I was arrested for Reckless Driving. This charge was completely dismissed and in 2011 the record was expunged.

I just traded a handgun with an FFL last week, and the background check via phone was quick and easy, FWIW.


I've read the CHL Laws over and over and over and am still confused by their wording, especially this:

(4) is not charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;

I'm interpreting it as "not currently charged with the commission of a Class A misdemeanor." In that regards, it should not disqualify me.

I've even asked my lawyer and he is not sure. I'd hate to spend my money on the application, if it's already clear-cut that I do not qualify.

Please advise. :)

[Jumping Frog]

Is not currently charged is the correct way to interpret that.

[Charles L. Cotton]

Your 2004 Class A Misdemeanor deferred adjudication is considered a "conviction" for CHL eligibility purposes. However, it's over 5 years old so it will not render you ineligible. The 2007 charge was dismissed without a conviction, so it does not disqualify you either.

Chas.

[alexrex20]

Thanks for the replies. That's all a big relief. :)

I'm taking the class next weekend.

[bayouhazard]

If you follow the DPS instructions and have documentation you should be fine. Some barracks lawyers will say you're allowed to lie but I don't think it's worth the risk when you're eligible even if youre honest.