Recent Changes in CHL / Deferred Adjudication

[3girlsformommy]

Does anyone have any idea what prompted the recent change in the CHL laws? Prior to September 1, 2009 an individual with a deferred adjudication case more than 10 years old was eligible to get a CHL. Then burglary of a habitation was added to the list of offenses that prohibit an individual from EVER getting a CHL.

So a year ago my husband would have been eligible to get his CHL and now he's not EVER able to do so??!! He's been a model citzen, no legal infractions in over 20 years. He's wonderful father (of three girls, hence my screen name), husband, a mentor to recovering addicts, held leadership positions in every church we've ever attended.

Since burglary of a habitation is a felony, it cannot be expunged; although he IS seeing an attorney to have the record publicly sealed, it will remain to be viewed by the local, state, and federal government. That it is not what is most troublesome -- it's that basically he's gotten a life sentence of sorts, with no ability to appeal.

Worse yet, when his offence happened he was given the impression by his attorney that once he completed the deferred adjudication the offense would not appear on his record. We just discovered a year or so ago that it was listed on the DPS website!! Even though he did exactly what was required and took his life in an entirely different direction, he has not gotten the result that his (court appointed) attorney told him he would get.

He is also extremely unhappy to find his ability to protect himself and his family limited -- with no appeal or exception.

If you've got any ideas as to what preciptated this or what might be able to be done (preliminary discussion with an attorney indicates he's just out of luck here) would be greatly appreciated.

[Charles L. Cotton]

Does anyone have any idea what prompted the recent change in the CHL laws? Prior to September 1, 2009 an individual with a deferred adjudication case more than 10 years old was eligible to get a CHL. Then burglary of a habitation was added to the list of offenses that prohibit an individual from EVER getting a CHL.

So a year ago my husband would have been eligible to get his CHL and now he's not EVER able to do so??!! He's been a model citzen, no legal infractions in over 20 years. He's wonderful father (of three girls, hence my screen name), husband, a mentor to recovering addicts, held leadership positions in every church we've ever attended.

Since burglary of a habitation is a felony, it cannot be expunged; although he IS seeing an attorney to have the record publicly sealed, it will remain to be viewed by the local, state, and federal government. That it is not what is most troublesome -- it's that basically he's gotten a life sentence of sorts, with no ability to appeal.

Worse yet, when his offence happened he was given the impression by his attorney that once he completed the deferred adjudication the offense would not appear on his record. We just discovered a year or so ago that it was listed on the DPS website!! Even though he did exactly what was required and took his life in an entirely different direction, he has not gotten the result that his (court appointed) attorney told him he would get.

He is also extremely unhappy to find his ability to protect himself and his family limited -- with no appeal or exception.

If you've got any ideas as to what preciptated this or what might be able to be done (preliminary discussion with an attorney indicates he's just out of luck here) would be greatly appreciated.

I know exactly what prompted the change, but I can't post it here. If your husband is willing to testify during the 2011 Texas Legislative session, please send me a PM with your contact information.

thanks,
Chas.

[3girlsformommy]

Please let know if the PM doesn't come thru -- I am new to your site and this type of communication.

I see it in the draft folder . . instead of the sent folder . .

[Charles L. Cotton]

Please let know if the PM doesn't come thru -- I am new to your site and this type of communication.

I see it in the draft folder . . instead of the sent folder . .

I received it and responded.

Chas.

[Teamless]

if you have sent it properly, it should show in the outbox, until it gets read by the recipient.
If it is truly in the drafts, open it, and see if you have a "submit" rather than a "save"

[jcos]

I am in a similar boat as the husband mentioned by 3girlsformommy, I was looking into obtaining a CHL recently and just discovered the changes to the penal code regarding Burglary of a Habitation.
It's disconcerting in that it's been over 14 years (I had just turned 18) since my bonehead teenager incident, and didn't think that at the age of 32 it would still have a negative impact on my life and specifically, limit my ability to protect my family.

[dhensler]

I am kind of in the same boat as the original posters husband except. I applied for and received my CHL in June of 2009 now I am worried about being able to renew it when the time comes. Will these new laws prevent me from getting my CHL renewed???

Chas - I am very curious as to what prompted this change and would be more than happy to testify in the 2011 legislation.

[overtenyears]

I too would like to testify. It has been over ten years since my conviction. At the time I was young and ignorant. Since then, I have made an effort to turn my life around. I have done so with some success. I graduated from college with honors and have a professorial job in information technology. In my opinion, my respect for the law is heightened by this experience. I want to ensure I never break another law in my life. Each day is a blessing and freedom is not taken for granted. Please let me know what I can do to help persuade changes. Like many I was told that deferred adjudication would be a better choice than fighting the case. The real problem is I cannot appeal now. Looking back, I should have fought the case, since I never entered a habitation and was only in the driveway. A friend went into a garage and stole beer from refrigerator. I did aide in the crime, but I never entered the garage or broke the plane of a doorway. That said, the incident was a catalyst for me and I walk the straight and narrow.

[Charles L. Cotton]

I too would like to testify. It has been over ten years since my conviction. At the time I was young and ignorant. Since then, I have made an effort to turn my life around. I have done so with some success. I graduated from college with honors and have a professorial job in information technology. In my opinion, my respect for the law is heightened by this experience. I want to ensure I never break another law in my life. Each day is a blessing and freedom is not taken for granted. Please let me know what I can do to help persuade changes. Like many I was told that deferred adjudication would be a better choice than fighting the case. The real problem is I cannot appeal now. Looking back, I should have fought the case, since I never entered a habitation and was only in the driveway. A friend went into a garage and stole beer from refrigerator. I did aide in the crime, but I never entered the garage or broke the plane of a doorway. That said, the incident was a catalyst for me and I walk the straight and narrow.

If you are interested in telling your story, please email me with your contact information. I'm not at all sure we can get a bill filed this session because of the time constraints that will be caused by redistricting and the budget shortfall. I would also be interested in seeing the orders in your case. They may be helpful.

Chas.

[Torpedovegas]

Wow.... It is amazing to see just how many stories are like my own, almost verbatim. I would also like the chance to testify. Most people in their teenage years rarely realize the impact that their actions will have on their entire life. I have paid dearly for the mistakes that i made as a teenager and have avoided breaking the law in any way after my first and only dealings with the justice system. 10 years and 8 months including court time and the duration of my deferred probation. That is a long time to reflect back and realize how much you never want to make another mistake. Like Overtenyears I wish i had fought harder or known better at the time. I had a group of friends in High School who broke into houses one day and brought everything to my house because I lived in the neighborhood. Honestly, how can you commit burglary of a habitation when you have not left the confines of your own bedroom. I just happened to show up on the radar at the right point in time because it was an election year, and everyone was out to make an example to the public. My lawyer, the DA, and the judge all told me that taking the deferred was the best option, and that when it was all said and done it would be like nothing ever happened. While complying with the terms of my probation i was unable to further my education past High School, but I still managed to get a good job that turned into a great career. And while to this date I can not get a CHL, I have still cleared both a Homeland Security and an FBI background check, as well as work with agents from various other government agencies on a daily basis. It just gets to me that so many people who have turned their lives around from one mistake will wind up paying for it forever.

[RoyGBiv]

Would a non-resident license from another state with TX reciprocity be an option in these situations?

http://licgweb.doacs.state.fl.us/weapons/eligible.html" onclick="window.open(this.href);return false;

[cdesormeaux]

Hey Chas im in the same boat its been over 10 years i was 17 when i got in trouble and have a family a great job and not had even a speeding ticket since then i dont think its fair for burglary of a habitation to keep me from carying what can i do ? im a model citizen pay my taxes and dont break the law. Please let me know if there is anything i can do to help. Its a bogus law change Not right to restrict everyone i could see if it was your second offense But to be the one and only thing youve ever got in trouble for !!! Its not fair

[gwtrikenut]

I have never been arrested of any crime, but do wonder, when we, as a civilization, are going to allow people who have served their time for the crime, rest? We expect inmates to do the time, but when they are set free, we still hanbdcuff them with the crime for the rest of their lives. Why did we set them free, if we are going to still hold them guilty for the rest of their lives? Water over the bridge does not return to fall over the bridge again and again.
If you have served your time and are now off parole, you have served your sentence. You are free to go on with life as you see fit. So why do we still stop you from protecting yourself? Police are there only to write the report. We can not expect the police to protect us 24 hours a day. I once had a judge tell me the police report was hear say, because the officer was not there to witness the incident. And thus would not allow the police report to be introduced.

[Jumping Frog]

Get a Florida non-resident license.

[Heritage1]

If I'm not mistaken there is a bill in the legislature currently that would require Texas residents to have a Texas CHL to carry. An out of state license would no longer be valid.