??? pre prosecution diversion programs

[warren977]

Several years ago I went thru a pre prosecution diversion program in New Mexico. How does Texas treat this? Would this be considered deferred adjudication and disqualify me from a chl?

[pbwalker]

depends on the crime I'd imagine...

Someone with a legal explanation will chime in shortly. :tip hat:

ETA: You're still going to need to disclose it on your application.

[RSJ]

I'm going to defer to others for the official answer on this... I would advise you to run a search through the city/county/state database. You'd be surprised what IS and ISN'T out there, and how things are recorded.

I also think it would depend upon what the original charge was.

[KC5AV]

You might check this thread.
The OP was approved for a CHL after a pre-trial diversion, so there is a good chance you will be eligible. As pbwalker mentioned, it's probably got a lot to do with the crime, and how the State of Texas views it.

[warren977]

I do know i can purchase a firearm, however it usually takes three days to clear. This is the primary reason I'm looking into getting a chl. Also I know it doesnt come up on a standard employment background check. At least it did not at my current employer and I'm pretty sure they are very thorough. Security department is run by two ex FBI agents. Guess I may need to see a lawyer to be sure.

The charge was breaking and entering if that helps in 2006. It ended with NOLLE PROSEQUI.

[pbwalker]

The charge was breaking and entering if that helps in 2006. It ended with NOLLE PROSEQUI.

Effective September 1, 2009, Burglary of a Habitation under Section 30.02, Texas Penal Code is now an offense that is permanently disqualifying under §411.1711, Texas Government Code. Even if you received deferred adjudication for Burglary of a Habitation, you are permanently ineligible to obtain a license to carry a concealed handgun in Texas.

#33 http://www.txdps.state.tx.us/administra ... s.htm#disq" onclick="window.open(this.href);return false;

(I believe there needs to be a theft component for it to be burglary, so this may not apply to you)

Best bet is to call DPS and explain it all.

[Keith B]

There are couple of different ways I understand this would go. Were you a juvenile or adult? And, I assume you had successful completion of the program? And, was this the only thing they charged you with?

Normally, the way I read it is upon successful completion of the program that the DA agrees to file a Nolle Prosequi which would show they were dropping all charges and agreeing to not pursue prosecution on the one item. At this point, it may show you were arrested on a criminal background check, but would not show a prosecution or deferred adjudication.

As for listing it on a CHL application, you would probably need to list the arrest. You would need to get an affidavit from the DA's office where you did the program showing your record was clear or that charges were dropped and to send along with the CHL application.

[RSJ]

If you are in/around/near Dallas, I know a good attorney that could help. PM me if you want the info!

[warren977]

There was no burglary component. A person cant steal their own property. Also a bad idea to retrieve it yourself late at night.

Thanks for all the help.