Back in 2002 I exercised poor judgement in another state (Wyoming) which led to me pleading guilty to a felony computer hacking charge. I was offered deferred adjudication and have since completed all aspects of my probation and restitution. I was released from my probation in 2008. There was never an arrest nor was I ever finger printed in Wyoming. I was, however, required to provide prints in Texas when I transferred my probation down here.
The new Texas statutes state that if 10 years have passed since the deferred adjudication was entered against me, that I would then be eligible for my CHL.
My first question is: Typically, what is the date the deferred adjudication is actually entered? Is it at the time of my sentencing? Or is it the date I was released from probation?Texas State Statute:
GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable
under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an offense listed
in Subdivision (1).
My second question may be a bit more difficult to answer as it refers to Wyoming Statutes:
Please note line '(d)' at the bottom. My question is, how can Texas legally consider a deferred adjudication in Wyoming as a felony conviction, when Wyoming itself does not?Wyoming State Statute:
7-13-301. Placing person found guilty, but not convicted, on probation.
(a) If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor except any second or subsequent violation of W.S. 31-5-233 or any similar provision of law, or any second or subsequent violation of W.S. 6-2-501(a) or (b) by a household member as defined by W.S. 35-21-102 against any other household member or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second degree, the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed five (5) years upon terms and conditions set by the court. The terms of probation shall include that he:
(i) Report to the court not less than twice in each year at times and places fixed in the order;
(ii) Conduct himself in a law-abiding manner;
(iii) Not leave the state without the consent of the court;
(iv) Conform his conduct to any other terms of probation the court finds proper; and
(v) Pay restitution to each victim in accordance with W.S. 7-9-101 and 7-9-103 through 7-9-112.
(b) If the court finds the person has fulfilled the terms of probation and that his rehabilitation has been attained to the satisfaction of the court, the court may at the end of five (5) years, or at any time after the expiration of one (1) year from the date of the original probation, discharge the person and dismiss the proceedings against him.
(c) If the defendant violates a term or condition of probation at any time before final discharge, the court may:
(i) Enter an adjudication of guilt and conviction and proceed to impose sentence upon the defendant if he previously pled guilty to or was found guilty of the original charge for which probation was granted under this section; or
(ii) Order that the trial of the original charge proceed if the defendant has not previously pled or been found guilty.
(d) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose.
(e) There shall be only one (1) discharge and dismissal under this section or under any similar section of the probationary statutes of any other jurisdiction.
I obviously do not want to begin the process until all requirements are met, and would really like to know how much longer I would need to wait.
As it currently stands, if I still resided in Wyoming today, I would qualify for a Wyoming concealed handgun license. But I do not live in Wyoming any longer.
Any recommendations or discussions would be welcomed.
Thank you for your time.
Although I would never discourage anyone from talking to an attorney if it would make them feel better, in this case it won't do any good. Crossfire is correct.