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I have a potential student who was charged with felony evading in 2006. He got 2 yrs probation which he completed in 2008. My first statement to him was IANAL. But I did tell him that if he is going to attempt to pass the background check he will definitely need the court paperwork, saying that he has successfully completed the terms of his probation, to send with his application and that the wording that the judge used when the probation was imposed would likely determine if he would be approved. I also told him that he might want to try and get it expunged if possible and he would have to seek advice from a lawyer to do that.

I ran a background check and the charge is still there, which I suspected it would be.

Anyone ever had any dealings with an "evasion" charge regarding subsequent CHL application?

If he's been convicted of a felony, he is not eligible under 411.172 (3)

http://www.statutes.legis.state.tx.us/D ... tm#411.171" onclick="window.open(this.href);return false;

gigag04 wrote:If he's been convicted of a felony, he is not eligible under 411.172 (3)

http://www.statutes.legis.state.tx.us/D ... tm#411.171" onclick="window.open(this.href);return false;

Agreed. But if the probation was set as deferred probation, then I believe, once the probation is successfully completed, the felony charge is as though it did not happen. I might be wrong, but that is the way I interpreted the statute on D. A.

I'll ask a lawyer friend tomorrow.

kg5ie wrote:I have a potential student who was charged with felony evading in 2006. He got 2 yrs probation which he completed in 2008. My first statement to him was IANAL. But I did tell him that if he is going to attempt to pass the background check he will definitely need the court paperwork, saying that he has successfully completed the terms of his probation, to send with his application and that the wording that the judge used when the probation was imposed would likely determine if he would be approved. I also told him that he might want to try and get it expunged if possible and he would have to seek advice from a lawyer to do that.

Assuming his crime was violation of Penal Code Sec. 38.04(a) ("A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him."), he may be okay if:

1. He got deferred adjudication and
2. It has been ten years since the order was entered

(See Gov't Code Sec. 411.1711, which treats a person in this situation as "not convicted." Keep in mind this exception doesn't apply if the crime was a crime against a person (Title 5 of the Penal Code, comprising chapters 19-22), robbery (Chapter 29), certain violations of court orders relating to family violence (Section 25.07), and certain types of burglary (Section 30.02).

Best if he talks to a lawyer.

AlaskanInTexas wrote:

kg5ie wrote:I have a potential student who was charged with felony evading in 2006. He got 2 yrs probation which he completed in 2008. My first statement to him was IANAL. But I did tell him that if he is going to attempt to pass the background check he will definitely need the court paperwork, saying that he has successfully completed the terms of his probation, to send with his application and that the wording that the judge used when the probation was imposed would likely determine if he would be approved. I also told him that he might want to try and get it expunged if possible and he would have to seek advice from a lawyer to do that.

Assuming his crime was violation of Penal Code Sec. 38.04(a) ("A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him."), he may be okay if:

1. He got deferred adjudication and
2. It has been ten years since the order was entered

(See Gov't Code Sec. 411.1711, which treats a person in this situation as "not convicted." Keep in mind this exception doesn't apply if the crime was a crime against a person (Title 5 of the Penal Code, comprising chapters 19-22), robbery (Chapter 29), certain violations of court orders relating to family violence (Section 25.07), and certain types of burglary (Section 30.02).

Best if he talks to a lawyer.

This is a correct answer. ;)

He is disqualified for 10 years gauranteed.

infoman wrote:He is disqualified for 10 years gauranteed.