I Got a Denial Letter, Now What???

[Charles L. Cotton]

As of Sept. 1, 2009, the law changed. Any "conviction" that has been set aside by any method is no longer a conviction for purposes of CHL eligibility.

does this mean that a deferred adjudication no longer = conviction for CHL purposes ?

No, this is a little twist. A deferred adjudication is still a "conviction" for CHL eligibility, but if it's for a non-violent felony then it's not a "conviction" after 10 years. The new statutory language about "set-asides" is very broad and covers any time of order setting aside a judgment.

Chas.

[milo]

As of Sept. 1, 2009, the law changed. Any "conviction" that has been set aside by any method is no longer a conviction for purposes of CHL eligibility.

does this mean that a deferred adjudication no longer = conviction for CHL purposes ?

No, this is a little twist. A deferred adjudication is still a "conviction" for CHL eligibility, but if it's for a non-violent felony then it's not a "conviction" after 10 years. The new statutory language about "set-asides" is very broad and covers any time of order setting aside a judgment.

Chas.

I recently submitted my CHL along with a friend's. He believes that he is eligible, but I am not so sure. He had a possession felony that was reduced to a class A misdemeanor and he received deferred adjudication. It was 7 years ago. Is he still eligible?

[USA1]

I recently submitted my CHL along with a friend's. He believes that he is eligible, but I am not so sure. He had a possession felony that was reduced to a class A misdemeanor and he received deferred adjudication. It was 7 years ago. Is he still eligible?

he should be . A misdemeanor must be older than 5 years to be eligible .

[joe817]

I recently submitted my CHL along with a friend's. He believes that he is eligible, but I am not so sure. He had a possession felony that was reduced to a class A misdemeanor and he received deferred adjudication. It was 7 years ago. Is he still eligible?

he should be . A misdemeanor must be older than 5 years to be eligible .

See P.3 of Handbook; GC 411.172 ELIGIBILITY (a)(8)

Note: there are exceptions to this. Please review GC 411.172 carefully with him.

[rdhetrick]

Just thought I'd post an update....

Last week, I spoke with the DPS attorney about my situation. He was very polite and friendly. I explained why I thought I should be eligible and he agreed to look at my case again.

Today, I got a call from him, and he agreed with me! He said he would clear my application and it would continue with the process! He said he was glad that I called him so we could work it out without having to have a hearing.

Hopefully, they've already looked at the fingerprints, and photos, and other background checks and it will just be a few days or weeks for the license to be printed. I guess, worst case is that it starts from square one and I wait the 60 odd days.

Finally, something to restore a little faith in the system.

Rob

[lws380]

Good news, hope you get some plastic soon!

[NAVY CHIEF]

Like we say in the Navy - " the squeaky wheel gets greased!"
Congratulations! soon you will be "one of us"
Hooyah!

[Dragonfighter]

Woohoo! I am so glad to hear that. I was getting a little sick reading this but a happy ending makes for a great story.

[joe817]

Congratulations rdhetrick! Your perseverance paid off well.

[srothstein]

Congratulations. I am glad to hear that it worked out for you. I am also very glad to hear that they talked with you and worked it out without the expense of a hearing. That says something good about the DPS attitude, and is a pleasant change from what we often hear about any government agency.

[rdhetrick]

Got a call this morning, my license is on its' way to the printer!!!!!

[Purplehood]

Like we say in the Navy - " the squeaky wheel gets greased!"
Congratulations! soon you will be "one of us"
Hooyah!

What does a sailor know about wheels?

[Oldgringo]

Congratulations!

It has been said that, "the squeaking wheel gets the grease". OTOH, the squeaking wheel may be replaced.

[joe817]

Got a call this morning, my license is on its' way to the printer!!!!!

FANTASTIC!!! Super congrats!

[Skiprr]

I am also very glad to hear that they talked with you and worked it out without the expense of a hearing. That says something good about the DPS attitude, and is a pleasant change from what we often hear about any government agency.

Congrats, rdhetrick; and way to persevere.