TexasCHLforum.com

OK, this is my first time dealing with this. I have somebody that has asked if he can get his CHL. This is what he has told me (I told him I would look into it but he also needed to call DPS and ask them) He was arrested for felony theft at the age of 29. No conviction but he served probation. This was 7 yrs ago. What do you guys say???

No conviction, but he served probation.

How'd that happen?

Deferred?

RPB wrote:How'd that happen?

Im glad you asked, i was curious as well, to how someone had to serve probation, but was not convicted.

If he was on probation, then he was convicted, unless as others have asked, was it deferred adjudication. He will need to get a disposition on his case and you can see what the final was and go from there to determine his status.

ya, he was being real limited with the info he gave me. My husband said the same thing - if he served probation there was some kind of conviction.

mommagamber wrote:This is what he has told me (I told him I would look into it but he also needed to call DPS and ask them) He was arrested for felony theft at the age of 29. No conviction but he served probation. This was 7 yrs ago. What do you guys say???

mommagamber wrote:ya, he was being real limited with the info he gave me.

If he's not going to be up front, I wouldn't waste my time. Politely tell him to call DPS.

Let me throw out a similar scenario then.

FWIW, I have a close family member on probation / community supervision in a deferred felony case with no conviction. If he completes the terms (7 years, no offenses, x hours of community service, counseling, fees to the state, and fees to the victim), his record will not show a conviction. He's completed everything but the time, of which I believe he has 1.5 years left.

He'd of course need to report his arrest and disposition, but is there any chance he'd ever be eligible for a CHL? He is pessimistically convinced he won't. I'm not so sure.

To preempt the questions, if his case or personality was even questionable and gave me any pause about him owning firearms, I wouldn't bring it up and would discourage him from doing so. Quite the opposite, I think he made a stupid mistake one time in his life with extenuating circumstances, repented, grew up a lot, paid for it, and has been a responsible man since that day.

Keith B wrote:If he was on probation, then he was convicted, unless as others have asked, was it deferred adjudication. He will need to get a disposition on his case and you can see what the final was and go from there to determine his status.

The laws of other states/countries may have different legal terms. Most of the answers seemed to based on TX laws. Without further information I would not speculate on his conviction status or CHL eligibility.

i8godzilla wrote:

Keith B wrote:If he was on probation, then he was convicted, unless as others have asked, was it deferred adjudication. He will need to get a disposition on his case and you can see what the final was and go from there to determine his status.

The laws of other states/countries may have different legal terms. Most of the answers seemed to based on TX laws. Without further information I would not speculate on his conviction status or CHL eligibility.

You didn't highlight the whole phrase. If deferred adjudication, then he may fall under that exemption.

fickman wrote:Let me throw out a similar scenario then.

FWIW, I have a close family member on probation / community supervision in a deferred felony case with no conviction. If he completes the terms (7 years, no offenses, x hours of community service, counseling, fees to the state, and fees to the victim), his record will not show a conviction. He's completed everything but the time, of which I believe he has 1.5 years left.

He'd of course need to report his arrest and disposition, but is there any chance he'd ever be eligible for a CHL? He is pessimistically convinced he won't. I'm not so sure.

To preempt the questions, if his case or personality was even questionable and gave me any pause about him owning firearms, I wouldn't bring it up and would discourage him from doing so. Quite the opposite, I think he made a stupid mistake one time in his life with extenuating circumstances, repented, grew up a lot, paid for it, and has been a responsible man since that day.

It depends on the felony. After ten years, deferred adjudication doesn't count as a conviction for CHL purposes for some felonies but for others it's always a conviction unless they're pardoned.

Keith B wrote:

i8godzilla wrote:

Keith B wrote:If he was on probation, then he was convicted, unless as others have asked, was it deferred adjudication. He will need to get a disposition on his case and you can see what the final was and go from there to determine his status.

The laws of other states/countries may have different legal terms. Most of the answers seemed to based on TX laws. Without further information I would not speculate on his conviction status or CHL eligibility.

You didn't highlight the whole phrase. If deferred adjudication, then he may fall under that exemption.

@Keith - In other jurisdictions it may not be deferred adjudication. The point I was trying to make (poorly) was that there may be different legal terms used in places other than TX. Without additional information, I'll reserve any speculation.

recaffeination wrote:It depends on the felony. After ten years, deferred adjudication doesn't count as a conviction for CHL purposes for some felonies but for others it's always a conviction unless they're pardoned.

Injury to a child.

It was when he was 21 for a liaison with a girl who represented herself as of age but was - as he learned a year later - six weeks shy of 17. The prosecutor agreed that it was not a severe case and changed it from sexual assault to the injury charge so that he wouldn't be a registered offender for life. . . they also recommended the deferred adjudication.

This is an easy one, he would be disqualified for 10 years, starting from his court date (the date he was given probation)

Can you state the statute.

All ellagibility dates are from final disposition of the case. That is the only way DPS can verify all probation, fines, community service.....are complete.

Injury to a child falls under the Title 5 Penal Code does it not? I understood those specifically are not allowed to drop off after 10 years since they are crimes against persons, but it also states a child is someone 14 and under. The child in this case is older than that.