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deadly conduct (class A) reduced to "lesser charge"

Posted: Sun Oct 08, 2006 5:52 am
by jlh26oo
And that's exactly how it's described on my record, under the actual conviction entry: "lesser charge, misdemeanor class C". The entry under the original arrest is "Deadly Conduct, misdemeanor class A". But I was not convicted of it. NO deferred adjudication etc was involved.

So my question is, will deadly conduct (assuming that's what it's still called in reduction to class C) classify as one of those "domestic" categories that are automatic denials? I thought those, along with dwi etc were all class B's and A's.

Further, is there ANY class C that will auto-deny, or at least prolong a chl?

Guess I need to talk to a lawyer, but was wondering if there is any penalty (aside from being out the app cash), if I apply and fail (in terms of applying in the future)?

Posted: Sun Oct 08, 2006 9:48 am
by Crossfire
As far as I know, the only Class C misdemeanor that will cause you any problems is a Disorderly Conduct. That will keep you from getting a CHL for 5 years from the date of conviction.

A Domestic Violence conviction will permanently disqualify you. What you need to know is: what is the "lesser charge" that you were convicted of?

Posted: Sun Oct 08, 2006 1:22 pm
by txinvestigator
llwatson wrote:As far as I know, the only Class C misdemeanor that will cause you any problems is a Disorderly Conduct. That will keep you from getting a CHL for 5 years from the date of conviction.

A Domestic Violence conviction will permanently disqualify you. What you need to know is: what is the "lesser charge" that you were convicted of?
Correct. If the deadly conduct that was reduced was part of domestic violence THAT could be a problem.

Posted: Mon Oct 09, 2006 12:23 am
by jlh26oo
What you need to know is: what is the "lesser charge" that you were convicted of?
Reckless driving- is what I remember the deal being, but that doesn't show up on my record- it just says "lesser charge, misdemeanor class C" under the conviction entry, and the only place it says deadly conduct is on the original arrest/charge entry.

BTW does deadly conduct = a type of disorderly conduct? The former sounds worse.


OT- I've seen Tom Esteps name around here, but only people mentioning him. Anyone know his his user/screen name? THanks.

Posted: Mon Oct 09, 2006 1:54 am
by KBCraig
jlh26oo wrote:
What you need to know is: what is the "lesser charge" that you were convicted of?
Reckless driving- is what I remember the deal being, but that doesn't show up on my record- it just says "lesser charge, misdemeanor class C" under the conviction entry, and the only place it says deadly conduct is on the original arrest/charge entry.
You're relying on your criminal history from NCIC or other record system, which only shows arrests and convictions, with a brief description. For the full details, you need to get a copy of your "J&C" (Judgement and Commitment) from the court in which you were convicted. That will show the exact charge of which you were convicted, the major details of the case (i.e., was it a domestic violence case, alcohol or weapons related, etc.). The J&C is the judge's final determination of guilt and sentence.

Your court might use a different term; I deal with federal cases, which use "J&C" universally.

The records you already have show where you were convicted of this misdemeanor. You might have to play some phone tag to find the right person, but you need to talk to the clerk of that court.

Start by dialing the main courthouse number, then:
"Hi, I was convicted of a misdemeanor in (fill in the town, fill in the year), and I need to contact the clerk of that court to obtain a copy of my final judgement papers. Can you help direct me to the right person?"

Repeat each time someone picks up, as needed, until you find the one you need to talk to. Remember, everyone you talk to will be hearing your story for the first time, so don't assume they know why you're calling.

Kevin

Posted: Mon Oct 09, 2006 3:54 am
by jlh26oo
Ok, I'll do exactly that. Thanks.

Posted: Mon Oct 09, 2006 5:55 am
by seamusTX
jlh26oo wrote:OT- I've seen Tom Esteps name around here, but only people mentioning him. Anyone know his his user/screen name? THanks.
His screen name is ElGato.

- Jim

Posted: Thu Oct 12, 2006 6:34 pm
by Roger Howard
I would reccomed a phone call to DPS to discuss your situation.