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Do you think I will be denied?
Posted: Sat Jan 01, 2011 1:18 pm
by BodyGaurd-JL
I just completed the CHL class and I'm starting to wonder if I will be denied. I was arrested for theft in 2005 and plead no contest to a Class A Misdemeanor in late 2006. Since then I have had my case sealed/expunged. According to 411.081 I can legally say that I have not been convicted of the Class A Misdemeanor, but 411.172 says that I must wait 5 years after being convicted to be eligible. I understand I am close to the eligibility period so I can wait a few more months but someone else maybe in a similar circumstance and would like to know if they have to wait or not.
Re: Do you think I will be denied?
Posted: Sat Jan 01, 2011 1:56 pm
by MoJo
From what I read I'd wait. You must list any convictions you have leaving it off may cause you more problems than listing it. Was this a juvenile conviction?
Re: Do you think I will be denied?
Posted: Sat Jan 01, 2011 2:09 pm
by OldCannon
what MoJo said.
Re: Do you think I will be denied?
Posted: Sat Jan 01, 2011 3:03 pm
by BodyGaurd-JL
It was not a juvenile conviction. I did list it as a past offense and I have all the court documents stating the conviction as well as the expunge ready to be mailed with my CHL packet, but I guess the real question is can they still hold it against me even though it was expunged?
Re: Do you think I will be denied?
Posted: Sat Jan 01, 2011 3:14 pm
by Beiruty
good to go, since it was expunged. someone please post the law code.
(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) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided,
or sealed under any state or federal law.
Re: Do you think I will be denied?
Posted: Sat Jan 01, 2011 3:38 pm
by BodyGaurd-JL
What if the case was sealed? Am I still good to go?
Re: Do you think I will be denied?
Posted: Sat Jan 01, 2011 4:14 pm
by snorri
BodyGaurd-JL wrote:What if the case was sealed? Am I still good to go?
I refer you to Texas Government Code 411.171
http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf
Re: Do you think I will be denied?
Posted: Sat Jan 01, 2011 4:28 pm
by BodyGaurd-JL
Thanks snorri
