Can i still get my CHL? Help?

[tedmonds]

how it goin guys...I live in texas right now..i am currently 20 and turn 21 on feb.1st....I have a question about my ccw permit...when i was 17 me and a couple of buddy's...kinda got into a little trouble when i was a teen...We got a criminal mischief and a criminal tresspassing charges....Will this deny me on my CHL when i turn 21...Will it matter since i was a juvenile....never been in trouble since then just made some stupid choices when i was a kid and hung with the wrong people...any ideas?

[BlakeTyner]

Well, from glancing at the penal code, it would seem that it'd depend on the type of charges you were convicted of. If it was a felony, forget it. If it was a Class A or B misdemeanor, forget it for another year or so. Otherwise, so long as you meet the other requirements, you should be okay.

[nitrogen]

how it goin guys...I live in texas right now..i am currently 20 and turn 21 on feb.1st....I have a question about my ccw permit...when i was 17 me and a couple of buddy's...kinda got into a little trouble when i was a teen...We got a criminal mischief and a criminal tresspassing charges....Will this deny me on my CHL when i turn 21...Will it matter since i was a juvenile....never been in trouble since then just made some stupid choices when i was a kid and hung with the wrong people...any ideas?

For criminal tresspass, check penal code chapter 30, it's either a class A or B misdemeanor. For mischief, check chapter 28. Depending on what you did, it's either a class A or B. You should be ok after 5 years of your conviction have passed.

[hirundo82]

You can read for yourself here (Texas Penal Code):
http://www.capitol.state.tx.us/statutes/petoc.html

You or your lawyer should look at your record. It looks like the criminal mischief statute can be from a Class C misdemeanor to a 1st degree felony (I hope it's not the latter, since you would still be incarcerated) depending on the monetary damages and what was damaged. Ditto the criminal trespass statute--could be from a Class C to Class A misdemeanor, depending on circumstances.

Take my advice as worth about the amount you are paying for it (absolutely nothing). I am not a lawyer, nor do I play one on TV.[/code]

[tedmonds]

thanks for the reply's guys the only thing i that i was in alaska when all of the minor infractions happened does that help or hurt

[Kalrog]

Shouldn't matter, except for how AK's penal code defines the infractions. Do you know the "level" of the conviction?

/edit for fat fingers.

[Piney]

You *might* be able to your local LE folks to do a quick lookup on your criminal history.

You can also request such from the DPS for a small fee. This will tell you before hand what the DPS check will find and save your the possibly wasted class and licence fees.

[Charles L. Cotton]

The 5 year exclusionary period for misdemeanor convictions starts when any probationary or deferred adjudication period is over, not on the date of conviction. If you received probation or deferred adjudication, it will effect your eligibility date.

Regards,
Chas.

[Crossfire]

There are a couple of things you need to find out. Since you were 17, it could be that you were prosecuted as an adult. If you were, and the charge was a Class A or Class B misdemeanor, then you are ineligible for 5 years from the date of the conviction. If, however, you were prosecuted as a juvenile, then a misdemeanor conviction does not disqualify you. Only felony juvenile convictions count against the CHL eligibility requirements.

Bear in mind, I am only a CHL instructor and cannot give you legal advice. For the best answer, you should call the DPS helpline at 1-800-224-5744 after gathering as much info as you can on your charge.

Good luck to you!

[tedmonds]

thanks guys....I was charged as a juvenile...I was not tried as an adult...so what i am gathering is that i should be ok....Cause i was not charged as an adult i went through a program called Youth COurt.. instead of jailtime and things like that u write essay's take tour's of jails and had to particapate in the youth court program...that is what i did for my sentance also community service at a local salvation army...does any of this help clarify things.....

[txinvestigator]

thanks guys....I was charged as a juvenile...I was not tried as an adult...so what i am gathering is that i should be ok...

That is not accurate at all. Texas will look to see if the juveline crime was of a Felony Grade Crime.

[tedmonds]

they were both mistameanors and both were in alaska not texas if that helps any....