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Steelfire wrote:Here is a snapshot of the county record.


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I guess I was under the impression I was under deferred adjudication until 150h then the charges where dismissed.

here is a web link to the Virginia law:

http://leg1.state.va.us/cgi-bin/legp504 ... od+18.2-57" onclick="window.open(this.href);return false;

That time chart doesn't determine if Texas would consider it a successfully completed deferred adjudication, or if the entire case was dismissed and set aside. Equally important is the website you lined does not give the maximum potential sentence, only minimum sentences. If the maximum possible sentence was over 1 year Texas will consider it a felony. That makes the determination of whether you have a successfully completed deferred adjudication or a truly dismissed case outcome determinative.

Chas.

Tex. Gov't Code 411.172(b) wrote:(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:

• (1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
  
  • (A) is designated by a law of this state as a felony;
    
    (B) contains all the elements of an offense designated by a law of this state as a felony; or
    
    (C) is punishable by confinement for one year or more in a penitentiary; and
  (2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

(b-1) An offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a concealed handgun, the offense:

• (1) is not designated by a law of this state as a felony; and
  
  (2) does not contain all the elements of any offense designated by a law of this state as a felony.

Steelfire wrote:It was amended to a Assault and Battery Virginia Code 18.2-57 Misdemeanor

What was the maximum possible penalty for this offense? If it was over 1 year in jail, then this would be considered a felony in Texas, even if it is a misdemeanor in Virginia. Since it would come under Title 5 of the Texas Penalty, it would be a lifetime bar, IF it was a deferred adjudication. However, if the case was truly dismissed, then you are eligible. The problem is that you had to enter a nolo contendre plea and in Texas, that's the same as a guilty plea in terms of a "conviction" and a deferred adjudication.

Chas.