eligible question

[usaf512]

I have a question on the eligibility. In 2011, I had a DWI, and it was later dimissed with a deferred prosecution not DEFERRED ADJUDICATION. The deferred prosecution agreement I was in with the prosecution attorney was required me to complete an alcohol awareness class and 30 hrs commuity service. Also, I can't get any citation that is higher than a class C Misdemeanor for 24 months. Can someone tell me am I eligible to get a CHL? I have read the CHL eligibile section but it only mention about deferred adjudication but nothing about deferred prosecution. Please help.

[gigag04]

There are no citations higher than a Misd C?

It sounds alot like a differed adjudication situation, but call and ask?

My initial thought is you have to wait, but I'm not married to it.

[tbrown]

Was there a final disposition, or is this one of those situations where they will dismiss the charges after 2 years? In the second case, I think you would have to wait because you're still charged with the DWI until they dismiss it. When someone is "charged with the commission of a Class A or Class B misdemeanor" they aren't eligible. But it's better than having to wait five years.

[usaf512]

I have a copy of the motion to dismiss from the judge when I agreed to go into the deferred prosecution agreement with the DA. Tlhe deferred is a informal beween myself and the court not a actual probation. As long as I comply with all of the requirements that they stated ( Alcohol awareness class, 30 hrs of community service and 24 months without any arrest greater than a class C misd) They woudnl't file anything against me and I can expunde it completely. I called DPS for questions about chl eligibility but no luck since they are always busy, emailed them as well. Please help me with any feedback since I don't want to put a lot of time and money into the CHL then find out later that I'm not eligible.

[infoman]

You would be disqualified for 5 years. 99.99% sure

[usaf512]

doesn anyone know where is the reference for deferred prosecution make you ineligible? because deferred adjudication and deferred prosecution are two difference things.

[infoman]

Anything shy of pleading & being found "not guilty" in your case is going to be a denial, but only 99% sure.

[packa45]

I would say currently not eligible because there is no final disposition... Guilty of x y or z, not guilty, etc until the 2 year deferment is completed I would not try to apply because it will just be wasted time and money for class and application fingerprints etc... If the application is denied because pending charges or charges with no disposition.


However I am not a lawyer, I am not a chl instructor, that's just my opinion based on what little information I have read and currently understand about eligibility.

*edit*

I would also say wait until the 2 years is up just in case you are actually eligible just in case you find yourself in a wrong place wrong time situation that could lead to a possible class b arrest and reintroduction of said deferred prosecution...then it's wasted money and license revocation.