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CHL and Deferred Adjudication

Posted: Mon Mar 08, 2010 12:31 pm
by angrypistols
So, my 21yo son wants to pursue his Texas CHL and I would like to ask for some advice on his behalf. First off, I would refer to him as being a reponsible mature young man, and has learned from his mistake. Nonetheless, he was charged with a DWI when he was 17, and offered a 'pre-trial diversion' which he met the requirements for and recieved deferred adjudication. In my understanding for the CHL, is the same as a conviction.

Since this incident, he has not had any legal or financial trouble and we know that he is not eligible for a Texas CHL for another 2 years. I had my wife call and get registered for her own CHL class and she mentioned my son's predicament to the instructor. His instructions were for him to take the class here in TX and to pursue a CHL licensing in Florida, where, according to him, they don't particularly care about his DWI. I checked DPS' website, and they indeed offer recipriocity(sp?) with our great state.

So my question is this, can he do this, legally? I hate to give him bad advice, and him end up in a jackpot because he is a Texas resident with a Florida CHL.

I appreciate the opportunity to post my question and to draw upon the vast wealth of information of the forum.

Angry

Re: CHL and Deferred Adjudication

Posted: Mon Mar 08, 2010 5:01 pm
by Charles L. Cotton
Welcome to the TexasCHLforum; thanks for joining.

Your son will be eligible at age 22, i.e. 5 years after the date he received the deferred adjudication, not the end of his probationary period.

Most states do not consider a successfully completed deferred adjudication a "conviction" for concealed carry licensing, but I'm not sure about Florida. I believe that is the case with Utah, but I am not sure. Texas does not prohibit Texas residents from carrying on another state's license, but I still strongly recommend any Texas resident getting a Texas CHL. Many Texas CHL holders get other states' licenses to be able to carry in states that do not have reciprocity with Texas and that don't otherwise recognize a Texas license.

Chas.

Re: CHL and Deferred Adjudication

Posted: Mon Mar 08, 2010 8:51 pm
by txgho1911
More for those curious about what Deferred Adjudication is about than the OP.
There is a ton of info on DA and it's many drawbacks much more sever than for a DWI in many cases.
tajlr.com
DA is another tool used in TX courts to provide for a second chance. In an information age the 2nd chance does not actually work for many people with professional licenses for various industries.
I am not up to date on all aspects of this so post specific questions in the appropriate forum. Here for it's relation to CHL questions. Plumbing website for licensing questions for a plumber on DA probation.

Re: CHL and Deferred Adjudication

Posted: Mon Mar 08, 2010 11:25 pm
by srothstein
Angry,

Welcome to the sight. It is good to see another poster from the MPHP here. I am sure you will find a lot of good information and friends if you continue to hang around.

Re: CHL and Deferred Adjudication

Posted: Tue Mar 09, 2010 8:45 am
by Crossfire
Charles L. Cotton wrote:Most states do not consider a successfully completed deferred adjudication a "conviction" for concealed carry licensing, but I'm not sure about Florida. I believe that is the case with Utah, but I am not sure. Texas does not prohibit Texas residents from carrying on another state's license, but I still strongly recommend any Texas resident getting a Texas CHL. Many Texas CHL holders get other states' licenses to be able to carry in states that do not have reciprocity with Texas and that don't otherwise recognize a Texas license.

Chas.
Utah does not consider successful completion of deferred adjudication to be a conviction. However, all fines must be paid, and probationary period must be over for it to be considered complete.

Re: CHL and Deferred Adjudication

Posted: Tue Mar 09, 2010 8:45 am
by angrypistols
Charles L. Cotton wrote:Welcome to the TexasCHLforum; thanks for joining.

Your son will be eligible at age 22, i.e. 5 years after the date he received the deferred adjudication, not the end of his probationary period.

Most states do not consider a successfully completed deferred adjudication a "conviction" for concealed carry licensing, but I'm not sure about Florida. I believe that is the case with Utah, but I am not sure. Texas does not prohibit Texas residents from carrying on another state's license, but I still strongly recommend any Texas resident getting a Texas CHL. Many Texas CHL holders get other states' licenses to be able to carry in states that do not have reciprocity with Texas and that don't otherwise recognize a Texas license.

Chas.
Mr. Cotton,

Thanks for the warm welcome and the information. After discussion with Mrs. Angry, we are in agreement that Angry Jr. should wait until he is eligible in TX and only pursue licensing here. Our son already knew that he would have to wait.

Again, thanks for your time and opinion.

Angry
srothstein wrote:Angry,

Welcome to the sight. It is good to see another poster from the MPHP here. I am sure you will find a lot of good information and friends if you continue to hang around.
Thanks Steve, I have read and gained tremendous insight from some of your prior posts and am glad to see that you are a regular here as well.

Angry

Re: CHL and Deferred Adjudication

Posted: Tue Mar 09, 2010 8:57 am
by Keith B
Welcome to the forum Angry. :tiphat:

During his time waiting, get him to register here and participate. That time can be used reading and interacting with the other members and really get him prepared for his class and receiving his license. :thumbs2:

Re: CHL and Deferred Adjudication

Posted: Mon Mar 15, 2010 11:00 pm
by johnnyt6
Get a copy of the court douments. You are looking for a key word, "set-aside."

If this was done, he will get the license. I just got mine.

Good luck.