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deferred adjudication

Posted: Wed Apr 08, 2009 5:59 pm
by USA1
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Re: deferred adjudication

Posted: Wed Apr 08, 2009 6:16 pm
by Charles L. Cotton
usa1 wrote:hi, this is my very first time on any forum. but i have a question about eligability. 1985 charged with burglary of a building,i took deferred adjudication.does anyone know if that disqualifies me.
It doesn't now, but it might when this session is over.

Chas.

Re: deferred adjudication

Posted: Wed Apr 08, 2009 6:24 pm
by USA1
thanks, i didnt think it would disqualify me since the changes in the law sept.2007.... apllied for chl about 5 years ago and was rejected.

Re: deferred adjudication

Posted: Wed Apr 08, 2009 8:57 pm
by pt145ss
Charles L. Cotton wrote:
usa1 wrote:hi, this is my very first time on any forum. but i have a question about eligability. 1985 charged with burglary of a building,i took deferred adjudication.does anyone know if that disqualifies me.
It doesn't now, but it might when this session is over.

Chas.

Maybe I missed something...is it possible to elaborate a little more? I have a deferred adjudication for a misdemeanor many moons ago. I have had my CHL for a number of years now. Am I at risk of loosing my CHL?

Thanks.

Re: deferred adjudication

Posted: Thu Apr 09, 2009 7:32 am
by Taltyman
When my wife was a teenager she was arrested and spent some time incarcerated (she was part of a bad check cashing scheme and being used by her family). At any rate she was eventually released after a few weeks and she never went to trial (as I recall). She was worried about whether it was on her record so she went to the local PD and filled out a form and sent it with fingerprints etc to see what if anything was on her record. This gives you the same results as the check they do for a CHL. It took a while but came back clear. We did this because we didn't want to apply and get rejected for lying about an arrest and she wasn't sure if it was on her record or not.

Re: deferred adjudication

Posted: Thu Apr 09, 2009 7:52 am
by tfrazier
I thought we had a screening process for this forum? Who let all these crooks in here? "rlol"

Just kidding...I think most everyone (self included) has done some stupid things in the past, and only a few get caught.

The situation begs a question, if someone got deferred adjudication for an offense, and the charge got dropped from their record, do they technically have to still report it on their application? I've been out of the law enforcement business for awhile but I thought deferred adjudication meant it became a 'never happened' event if you manage to get through the probationary period...hence a TCIC/NCIC lookup would not even show it.

Of course, I was just hook'n and book'n folks...didn't pay much attention to what the courts did with them after that (except to get mad when I saw people I arrested for felonies out walking the street the very next day).

Re: deferred adjudication

Posted: Thu Apr 09, 2009 8:17 am
by USA1
to give you a little more info...i was charged with-burg w-intent theft,which is a second degree felony.
i was given deferred adjudication and served three years of probation.
when three years was finished,the paperwork states(deferred adjudication terminated). as far as chl is concerned,this is the same as a felony conviction.
this all happened in 1985, which is beyond the ten year limit.
about five years ago i applied for chl and was denied due to this criminal history,
however in sept.2007 the law has changed....any non violent felony older than ten years will not prevent you
from chl. i talked to many people from tdps , the looked up my record using my ss# and could see my record.
they said :looks like you wont have any trouble passing this time:. needless to say i was very excited
and just recently went thru chl class and sent in all paperwork.now im just waiting like so many of us.

Re: deferred adjudication

Posted: Thu Apr 09, 2009 8:52 am
by tfrazier
So you're just looking for reassurance on top of what they already told you? I think you'll just have to deal with the nagging worry until your plastic arrives...(but it sounds like you'll actually get it).

Re: deferred adjudication

Posted: Thu Apr 09, 2009 9:07 am
by USA1
yes,i just still have a little fear left over from the first denial. in 1985 i was 17 years old and on the wrong path, the arrest really opened my eyes and changed my life forever.since then i have become law abiding and morally responsible. im just glad to be able to get a second chance.

Re: deferred adjudication

Posted: Thu Apr 09, 2009 9:49 am
by Charles L. Cotton
pt145ss wrote:
Charles L. Cotton wrote:
usa1 wrote:hi, this is my very first time on any forum. but i have a question about eligability. 1985 charged with burglary of a building,i took deferred adjudication.does anyone know if that disqualifies me.
It doesn't now, but it might when this session is over.

Chas.

Maybe I missed something...is it possible to elaborate a little more? I have a deferred adjudication for a misdemeanor many moons ago. I have had my CHL for a number of years now. Am I at risk of loosing my CHL?

Thanks.
A deferred adjudication for a misdemeanor will not change; you're fine.

Chas.

Re: deferred adjudication

Posted: Thu Apr 09, 2009 11:01 pm
by rm9792
I have a deferred adjudication for a state jail felony. Are you saying they are changing the rules on that?

Re: deferred adjudication

Posted: Fri Apr 10, 2009 9:11 am
by USA1
if the felony was over ten years ago and non violent then you are eligable for chl.the requirements were changed(a little more relaxed to give some people a second chance that just did something stupid).......changes in law in sept.2007.