TexasCHLforum.com

I have a class b misdemeanor theft property 50<>500 the I did deferred adjudication with 1yr probation from 7/2007 was the arrest date and the court date was 1/2008 and I finished probation on 1/2009. Would this charge prevent me from obtaining my chl thanks.

One of the eligibility requirements is "has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor"

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf

But I don't know if it counted as a conviction since I did the deferred adjudication I was told on my record it says dismissed instead of conviction since I dis that

Imcheddar182 wrote:But I don't know if it counted as a conviction since I did the deferred adjudication I was told on my record it says dismissed instead of conviction since I dis that

You say you "were told." If I were you, I would want to see it in writing. The court of record can probably produce a copy of a document for you showing if it were true or not - because that piece of paper would determine whether or not I want to pay the $140.00 to the state to started the application process. The state will take your money, whether or not you're eligible. But if they find that you're not eligible during the processing of your application, they're going to deny your application and keep your money. Besides, even if your application will pass, I imagine that DPS will still want a copy of the disposition included in your application, so you're going to have to get it anyway.

Better to KNOW before you spend the money, and nobody here can tell you what the status is anyway without asking the court of record for the disposition. That's your job....

...and I am not a lawyer, etc., etc., etc.

Deferred Adjudication counts as a conviction when it comes to the CHL, no matter who told you what. Also, it does not "disappear" like you think it does... It will be on your record, but the disposition will state "deferred"... You have to wait 5 years from the date of sentence before you are eligible to apply...

"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.

I went through all this in order to get my own CHL from past blips in my history from 15 years ago.

Your absolute best bet would be to call the DPS directly...

IANAL...blah blah blah

based on what you wrote, I'm 100% sure you would be disqualified for 5 years from date of judgement. And for CHL purposes- deferred adjudication is Always considered the same as a conviction. My advice, don't waste your time and hard earned money.

The way I see it you will be elegible after 1/2013.

Imcheddar182 wrote:But I don't know if it counted as a conviction since I did the deferred adjudication I was told on my record it says dismissed instead of conviction since I dis that

Get a copy of the actual court order/judgment. Then call me at my office. There was a change in 2009 that may impact your eligibility, depending on how the order was written. As others have said, don't waste money on a class or CHL applicatin at this point.

Chas.

MoJo wrote:The way I see it you will be elegible after 1/2013.

Boy that seems like a long ways away.

By that time we'll have a new President n everything.

PappaGun wrote:

MoJo wrote:The way I see it you will be elegible after 1/2013.

Boy that seems like a long ways away.

By that time we'll have a new President n everything.

Or Texas will be a sovereign nation again.