Misdemeanor in another state?

[TexasMedic]

Hi there,

This is my first post to the forum and I am a new member. I am currently wanting to obtain my CHL. I have some questions...

On October 31st 2009 (Halloween) I was arrested and charged with Obstruction of Legal Process in Minnesota. In Minnesota, this is a Misdemeanor. They rank them from: Petty Misdemeanor, to Misdemeanor, to Gross Misdemeanor. Basically, I was out drinking downtown with college roommates, got to drunk, and got in the way of LEOs placing a suspect in a squad car. The LEOs were a bit quick to makes arrests that night (can't really blame them, I was intoxicated, and it WAS halloween).

I went to court, and made a deal with the City Attorneys office. They had me plead guilty and in exchange they said they would 'hold it over my head for a year, then drop it'. Well, I worked as an EMT in Wisconsin. I was able to obtain and EMT license about 6 months into this year. Due to needing to take an EMS class for my job, I contacted the CA who contacted the judge who dropped the charges over 2 months early.

When looking at the online public record it says:
"Amended Disposition: Vacated"
"Amended Disposition: Dismissed: Conditions Met"

I have read about some misdemeanors with Deferred Adjudication are disqualifying factors. Minnesota does not call this 'Deferred Adjudication'. Also, from what I read, this is a class C misdemeanor in Texas?

I have moved back to Texas earlier this year. I had L-1 fingerprinting done for my Texas Department of Health Services Paramedic Licensee and had no hiccups with them. I also was fingerprinted for an FBI background check for my job, which they mentioned the dropped charge showed up. This is the only legal trouble I have ever had, I am a regular boy scout (seriously, an eagle scout).

I am not trying to hide this information, just wanting to make sure I know where I stand. I know that for DA on Class A and B Misdemeanors you must wait 5 years. I also know about the denied CHL clause. I don't want to be held from my CHL for an additional two years!

Thanks for everything and all y'alls help. I look forward to this forum, regardless of my outcome.

[TexasMedic]

When I listed '6 months into this year', I meant the year the CA 'held it over my head'.

[Jumping Frog]

Well, I am not sure of the answer, but I at least wanted to say WELCOME!

I am sure someone will be along here with an opinion. How other state's handling of dismissals affects things here in Texas seems a little tricky to answer (at least to me).

[apostate]

When looking at the online public record it says:
"Amended Disposition: Vacated"
"Amended Disposition: Dismissed: Conditions Met"

I have read about some misdemeanors with Deferred Adjudication are disqualifying factors. Minnesota does not call this 'Deferred Adjudication'. Also, from what I read, this is a class C misdemeanor in Texas?

Perhaps not, but it sure sounds a lot like deferred adjudication. You plead guilty and the charges were dismissed after some time, contingent on keeping your nose clean. I believe the key point will be what Texas considers equivalent to the Minnesota offense. For example, INTERFERENCE WITH PUBLIC DUTIES (TPC 38.15) is a Class B misdemeanor, which is a five year wait.

[TexasMedic]

Thanks everybody for the responses!

Anyone have an idea of how to find out the reciprocity of offenses?

I agree it could be Interference of Public Duties. A separate website said it was:

Sec. 38.16.  PREVENTING EXECUTION OF CIVIL PROCESS. (a) A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.
(b)  It is an exception to the application of this section that the actor evaded service of process by avoiding detection.
(c)  An offense under this section is a Class C misdemeanor.

Also, are there anyways around the wait? Get a different state chl as a Texas resident?

Again, thanks for all the help!

[RPBrown]

Thanks everybody for the responses!

Anyone have an idea of how to find out the reciprocity of offenses?

I agree it could be Interference of Public Duties. A separate website said it was:

Sec. 38.16.  PREVENTING EXECUTION OF CIVIL PROCESS. (a) A person commits an offense if he intentionally or knowingly by words or physical action prevents the execution of any process in a civil cause.
(b)  It is an exception to the application of this section that the actor evaded service of process by avoiding detection.
(c)  An offense under this section is a Class C misdemeanor.

Also, are there anyways around the wait? Get a different state chl as a Texas resident?

Again, thanks for all the help!

IANAL but it appears that this statute is in reference to being served papers for a civil case. Your case would be mor criminal as in TPC38.15 which is a Class B misdemeanor and a 5 year wait.

[TexasMedic]

When reading the Penal Code 'definitions' of a CHL, I came across this:

(4) “Convicted” means an adjudication of guilt or, 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;
(B) pardonedundertheauthorityofastateorfederalofficial;or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or
sealed under any state or federal law. (4-a) “Federal judge” means:

If you look at Section (c), it list the word 'vacated' which is listed on my court record. Would this be recognized by Texas?

Sorry for all the questions, I am trying to air on the side of caution and asking those smarter than myself.

Thanks!

[Charles L. Cotton]

When reading the Penal Code 'definitions' of a CHL, I came across this:

(4) “Convicted” means an adjudication of guilt or, 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;
(B) pardonedundertheauthorityofastateorfederalofficial;or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or
sealed under any state or federal law. (4-a) “Federal judge” means:

If you look at Section (c), it list the word 'vacated' which is listed on my court record. Would this be recognized by Texas?

Sorry for all the questions, I am trying to air on the side of caution and asking those smarter than myself.

Thanks!

If the order signed by a judge says the charge/conviction was vacated, then you should be eligible here in Texas, regardless of the class of offense. You need to get a certified copy of the court's order. Feel free to contact me when you get it and I'll review it.

As a general statement, Texas will first look to the classification of the offense in the other state to see if it is a misdemeanor or felony. For example, some northern states have some misdemeanors that carry a 5 year sentence and several have misdemeanors that carry over a 1 year jail/prison sentence. Those would be classified as felonies in Texas regardless of how they were classified in the other states.

Chas.

[TexasMedic]

Thanks Chas for the help!

I will look into a obtaining a judge signed court record.

This level of misdemeanor in Minnesota carrys a maximum of 90 days in jail and maximum $1000 fine. I was given only a $300 dollar fine and no community service. I left the court room, paid my fine, and have not been to Minnesota since.

Thoughts?