TexasCHLforum.com

LIke I said I'm new to the forum, so I hope this question is posted in the correct spot.

Unfortunately I received a letter yesterday stating that as of Octtober 10th my CHL has been revoked. After calling their office this morning I was told it was revoked due to an order of deferred adjudication for a reckless driving charge almost three years ago. At the time I was told by my lawyer, and the DA, that after completing my probation and community servivce the record would be "set aside" and wouldn't effect my CHL elligibility. Shame on me for believing them, and not looking into it myself.

I know that "conviction" of a class "B" misdemeanor deems me inelligible for a CHL for 5 years. My question is will I be able to reapply 5 years from my court date, or 5 years from the revocation of my license? The citation was in December of 2007, and my court date was in March of 2008. My CHL was revoked in October of 2010, so I'm hoping I don't have to wait until 2015 to reapply because the state decided to sit on it for nearly three years.

I asked this question to two people at the CHL office when I called this morning, and neither knew the answer. They told me they would have their legal department contact me, but no one knew how long that would take either.

Any info on this would be greatly appreciated.

5 years from the court date.

Sorry for the bad news, JLP31. It's tough to get the plastic, then have it taken away.

Did you fully disclose on your application the arrest for the reckless driving charge? Just asking, 'cause I would otherwise have expected the result to be a denial of issuance, not a revocation ater the fact.

If you didn't include information on the application about the misdemeanor based upon what your attorney told you, it's possible you could run afoul of GC §411.172(a)(14). That reads "A person is eligible for a license to carry a concealed handgun if the person: [(14)] has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174." §411.174 is the section that details application requirements/information, and includes (b)(7) "criminal history record information of the type maintained by the department under this chapter, including a list of offenses for which the applicant was arrested, charged, or under an information or indictment and the disposition of the offenses..."

If you did include information about the arrest and indicated the record had been expunged, based upon what you had been told, I imagine you'll be okay...after a short wait and reapplying.

I'm not a lawyer, so don't take my word for anything. But if it was scenario "A," because it could mean permanent ineligibility for a CHL, I'd want to talk to an attorney who's familiar with these matters so you can decide a course of action. And I'd do it quickly. The statutes allow you a 30-day window after you receive the notice of revocation in which to request a hearing regarding the revocation. If it's scenario "A," you may need that formal request and hearing on the record.

Again, I'm not a lawyer, but I do wish you luck.