Question

[ConradG]

I was charged but never convicted of possession of marijuana, i had 3 grams. anywho class b mis. did my 90 days of deferred adjudification and payed all my fines, d.a. said the charge would not be on my permanent record. when i applied for a job last year my fingerprint/background check pulled up my arrest but they did not know what the charge was for. my question is would this bar me from getting a CHL?

[WildBill]

I was charged but never convicted of possession of marijuana, i had 3 grams. anywho class b mis. did my 90 days of deferred adjudification and payed all my fines, d.a. said the charge would not be on my permanent record. when i applied for a job last year my fingerprint/background check pulled up my arrest but they did not know what the charge was for. my question is would this bar me from getting a CHL?

When did this happen?

[ConradG]

lol sorry brain fart this happened in nov 07

[mymojo]

I was charged but never convicted

IANAL but the whole "never convicted" thing makes me think you're OK. I mean, the cops can *CHARGE* you with anything, at any time, for any reason. Unless you are convicted, then you are not guilty. If you aren't guilty of a crime, then there is no reason to bar you. But thats just me.

[ScottDLS]

I was charged but never convicted of possession of marijuana, i had 3 grams. anywho class b mis. did my 90 days of deferred adjudification and payed all my fines, d.a. said the charge would not be on my permanent record. when i applied for a job last year my fingerprint/background check pulled up my arrest but they did not know what the charge was for. my question is would this bar me from getting a CHL?

For CHL purposes Deferred Adjudication is considered a conviction, so it will bar you from CHL for 5 years (I believe from the end of the 90 days). Sorry to be the bearer of bad news.

[ConradG]

ok so i have more years until i can apply again from the end of the 90 probation period.

[WildBill]

I was charged but never convicted

IANAL but the whole "never convicted" thing makes me think you're OK. I mean, the cops can *CHARGE* you with anything, at any time, for any reason. Unless you are convicted, then you are not guilty. If you aren't guilty of a crime, then there is no reason to bar you. But thats just me.

IANAL either, but I believe that ConradG was convicted. Otherwise, there wouldn't be any need for deferred adjudification. Since it occurred in 2007, I would think he would not be eligible. Again, IANAL so I suggest that ConradG get some legal advice from a lawyer.

Dang, beat again by ScottDSL.

[ConradG]

Wildbill excuse my ignorance but would i just have a consultation with a lawyer about this?

[WildBill]

Wildbill excuse my ignorance but would i just have a consultation with a lawyer about this?

I am not sure of the meaning of your question. Consulting with a lawyer who knows the law would be able to tell you if you are eligible. If you don't meet the legal requirements, a lawyer could probably not help you get your CHL, if that's what you are asking.

[ConradG]

sorry what i meant was could i just call a lawyer or go to their office and ask them this question? are there any lawyers on this board that could answer my question?

[WildBill]

sorry what i meant was could i just call a lawyer or go to their office and ask them this question? are there any lawyers on this board that could answer my question?

Sorry. You could call a lawyer on the phone, but I don't know if they would offer legal advice or require an office visit. Yes, there are lawyers who post on this board, but they do not offer legal advice on this forum.

[ConradG]

thanks for the quick responses. i will follow your advice and call a few different lawyers. thank you!

[SwimFan85]

You can always talk to a lawyer if you want but not all of them will know the CHL laws.

Texas Government Code, Sec. 411.171. DEFINITIONS. In this subchapter:
(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

Sec. 411.1711 is a special case for deferred adjudication 10+ years ago, so it doesn't apply to you yet.

[WildBill]

thanks for the quick responses. i will follow your advice and call a few different lawyers. thank you!

Good idea! I would like to offer some non-legal advice to some of the neophytes who peruse this forum.

If you are accused of a crime, the DA is not your lawyer, nor are they your friend. They do not represent you. They represent "The People of The State of Texas" and their job is to convict you of a crime.

If you are accused of a crime, it is in your best interest to retain your own legal counsel who will represent you and protect your rights and interests.

[srothstein]

Let me second WildBill and add that the same applies to the police officer who is talking to you when you are accused of something. GET THE BEST LAWYER YOU CAN.

And to keep it on the original topic, I think the new change in the law on deferred adjudication means you are good to go, but I am not 100% sure.