Question

[Greybeard]

In Instructor Renewal classes, we were told to refer such inquires to DPS's legal department. 800-224-5744. Likely a voice mail-merry-go-round for a while, but have details ready (such as certified copy of disposition from the court) to discuss when ya do finally get to speak with a live lawyer there. Won't cost ya a nickel - and you can hear it from the horses mouth. Another option would be to e-mail 'em and get it in writing.

[ScottDLS]

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.

Steve - I think the recent change to law on deferred adjudication only applies to felony deferred adjudications more than 10 years old. They used to be a lifetime bar to CHL, but now are only a bar for 10 years. OP is talking Class B misdemeanor deferred adjudication less than 5 years ago. This is still considered a "conviction" for CHL purposes.

-Scott

[USA1]

In Instructor Renewal classes, we were told to refer such inquires to DPS's legal department. 800-224-5744. Likely a voice mail-merry-go-round for a while, but have details ready (such as certified copy of disposition from the court) to discuss when ya do finally get to speak with a live lawyer there. Won't cost ya a nickel - and you can hear it from the horses mouth. Another option would be to e-mail 'em and get it in writing.

This is good advise.

When I had questions about my deferred adjudication I called and spoke to someone in the legal dept who was able to look into my "history" with a few key strokes on their computer. They instantly determined that I was eligible by looking at my record in the system.

[DTCOOPER]

ScottDLS,
I beg to differ sir.. Please review the efollowing quote from house bill 2730, enacted in 2009:
(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; [or]

(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.


There is no mention of whether or not it is a felony, misdemeanor, etc, in the law. I (after much research here and elsewhere) believe that it doesn't matter what it's for, so long as it's not a domestic violence or disorderly conduct violation.
And the ten year waiting period is nullified once the case or judgement has been set aside, vacated, etc (per the HB referenced above).

[ConradG]

i really appreciate all the advice, i think i will call the DPS like suggested and have them look into the issue. thanks guys!

[ScottDLS]

ScottDLS,
I beg to differ sir.. Please review the efollowing quote from house bill 2730, enacted in 2009:
(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; [or]

(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.


There is no mention of whether or not it is a felony, misdemeanor, etc, in the law. I (after much research here and elsewhere) believe that it doesn't matter what it's for, so long as it's not a domestic violence or disorderly conduct violation.
And the ten year waiting period is nullified once the case or judgement has been set aside, vacated, etc (per the HB referenced above).

What I think you're missing is the "Deferred Adjudication" is not set aside, vacated, expunged, voided, etc. once you complete the original deferral. You have to take some subsequent action like having the governor pardon you, having a court invalidate the original deferred adjudication order, etc.

If you just complete the terms of your original deferred adjudication, I don't agree that you meet the terms of A, B, or C.

The law says... (4)"Convicted" means an adjudication of guilt or,
except as provided in Section 411.1711, an order of deferred
adjudication
...

I don't see anywhere in the OP's post where he meets the A, B, C, or Sec 411.1711 criteria. He only reports that he had an order of Deferred Adjudication and complied with the provisions.

The "ten years" comes later in the code (see below). It could only be for felonies as there is only a 5 year bar for misdemeanors.

GC § 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application
for a license under this subchapter unless the order of deferred adjudication was entered against the person for:
4 GC §411.172.
TEXAS CONCEALED HANDGUN LAWS
(1) a felony offense under:
(A) Title 5, Penal Code;
(B) Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the offense contains
elements that are substantially similar to the elements of an offense
listed in Subdivision (1).

[DTCOOPER]

My apologies ScottDLS,
I thought you were saying that the case had to 10 years old AND set aside, or 5 years old (if a misdemeanor) regardless of set aside or not.. My mistake..

One glimmer of hope is this - IF the case was in Dallas County, they have a tendency to set all D.A.s aside.. One can easily go to the Dallas County website and search criminal records, and see if their case was set aside or not..
Again, I apologize for my late night assumptions..

[Kythas]

The deferred adjudication will bar you from your CHL for a period of time, but if you subsequently get it expunged you should be OK. If I were you I'd get a lawyer and try to get it expunged.

[WildBill]

The deferred adjudication will bar you from your CHL for a period of time, but if you subsequently get it expunged you should be OK. If I were you I'd get a lawyer and try to get it expunged.

For a relatively minor charge like yours, I would think it wouldn't be too expensive or time consuming. Getting your record expunged can save you a lot of hassles in the future.

[ConradG]

awesome guys, i will get a hold of a few different lawyers and see what can be done, unfotunately this happened is hudspeth county.

[WildBill]

awesome guys, i will get a hold of a few different lawyers and see what can be done, unfotunately this happened is hudspeth county.

Not so bad. It should be easy to find a top notch attorney and you probably won't even have to appear in court.

[ScottDLS]

awesome guys, i will get a hold of a few different lawyers and see what can be done, unfotunately this happened is hudspeth county.

Not so bad. It should be easy to find a top notch attorney and you probably won't even have to appear in court.

I agree, you should try to get it expunged. The record of the arrest AND the adjudication will be gone. Then it won't come up in employer background checks, etc. Supposedly, expunged is "as if it never happened".