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by Charles L. Cotton
Thu Apr 16, 2009 2:30 pm
Forum: General Texas CHL Discussion
Topic: Do I need to get an arrest record? How?
Replies: 8
Views: 2298

Re: Do I need to get an arrest record? How?

Your on-line fee is good for one year; but your first TR-100 training certificate is good for two years. So if you take your class now, but if the 5 years on the Disorderly Conduct "conviction" doesn't expire until more than a year after you paid your on-line fee, then you'll have to pay that again.

Chas.

BTW, here are the controlling statutes.
Tex. Gov't Code §§ 411.171 & 411.175(a)(8) wrote: Sec. 411.172. ELIGIBILITY (a) A person is eligible for a license to carry a concealed handgun if the person:

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;


Sec. 411.171. DEFINITIONS. In this subchapter:
. . .
(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; or

    (B) pardoned under the authority of a state or federal official.
TPC §42.01 wrote: Sec. 42.01. DISORDERLY CONDUCT. (a) a person commits an offense if he intentionally or knowingly:
. . .
(6) fights with another in a public place;
by Charles L. Cotton
Thu Apr 16, 2009 11:12 am
Forum: General Texas CHL Discussion
Topic: Do I need to get an arrest record? How?
Replies: 8
Views: 2298

Re: Do I need to get an arrest record? How?

cvl wrote:Do I need to provide an arrest record if I was dismissed of a felony in 2006? And a Deferred adjudification for misdemeanor fighting in public in 2005? If so, what is the best way to go about getting this documentation. Thanks a lot.
Yes, you will need "disposition" records on both. The process will differ depending on where these occurred, but generally you are wanting a criminal background check. That will show no felony conviction. Although a deferred adjudication is not a conviction elsewhere in Texas jurisprudence, it is specifically defined as a "conviction" for CHL eligibility purposes (Tex. Gov't Code §411.171(4)). Unfortunately,that means your "fighting in public" charge renders you ineligible for a CHL until five years after the "conviction." This is true even though it is a Class C Misdemeanor, due to the wording of Tex. Gov't Code §411.172(a)(8).

Chas.

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