Eligibility

[Moresteli]

Hello. I am a lifetime resident of Texas. I am 21 years old and already own a rifle. I am interested in getting a chl but would like to discusss my eligibility based on my background.

In 2010 I was arrested for Public Intoxication twice (one in march and one in November.) and for evading arrest in July. Both PI's were dismissed with deferred disposition (specifically, not def. Adjudication). Both are class C misdemeanors.

I also had an arrest when I was 13 for interrupting an emergency call which as far as I know was dismissed and/or sealed. I assume it was a class C but I am not totally sure.

As for evading arrest, it was initially a state jail felony, but was reduced to a class A misd. I received 1 yr. Deferred adj. and completed it successfully. If this arrest was sealed (non disclosure order) would I be elligible to get a CHL without waiting 5 years?

If not, are there other options out there for me (e.g, non resident Fla. ccw, Etc.?).

I purposefully did not describe the nature of the arrests but they are what I am working with.

I apologize for any errors as I am typing on an iPad.

Thanks for your help.

[tbrown]

I don't understand "deferred disposition" but if they're equivalent to not guilty verdicts then they have no effect on your eligibility once disposed. If they're equivalent to convictions, most Class C misdemeanors won't disqualify you, but be careful about the "chemically dependent" question.

Evading arrest is a different story. The conviction may be sealed but if the arrest isn't, DPS will find it. Then it's your job to document it's not a conviction for CHL purposes.

Either way, you have to disclose them on the application and it's quicker if you provide copies of the disposition so DPS doesn't put your application on the slow boat to China Grove while waiting for the paperwork from the courts. Failure to disclose is a false statement that can disqualify you by itself, so honesty is the best policy.

[Moresteli]

To clarify, I intend to disclose all arrests but my main concern is if the sealed evading arrest ( non disclosure order) is a disqualifier or not.

[RoyGBiv]

from http://blog.austindefense.com/2007/02/a ... -in-texas/" onclick="window.open(this.href);return false;

Deferred disposition is only for Class C charges, and is not a formal reporting probation. The theory is the same – that is, if you pay a (smaller) fine, usually take a class, and stay out of trouble, at the end of the deferral period you are not convicted of the offense.

There is no probation officer, or monthly meeting. I suppose you could say that you are on your own probation, but that’s it. Some clerk will pull your file at the end of the term, check to see that monies are paid, certificates for classes are turned in, and run a criminal background check to see that you did indeed stay out of trouble. Then the case is dismissed.

For Class C Assaults, Theft, Public Intoxication, Minor in Possession and similar non-traffic offenses, this is the same as agreeing to take defensive driving, pay a small fine, and not pick up any more traffic tickets to get a speeding ticket dismissed.

In a successfully completed deferred disposition, you are specifically by statute entitled to seek an expunction, not just the less complete sealing of records.

Two PI's and an Evading LAST YEAR.
EDIT: the evading charge reduced to Class A misdemeanor, per your OP.
I assume this was a conviction of a Class A misdemeanor?? and Sealed?

§ 38.04. EVADING ARREST OR DETENTION. (a) A person
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a state jail felony if the actor uses a vehicle
while the actor is in flight and the actor has not been previously
convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or
(3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.
(c) In this section, "vehicle" has the meaning assigned by
Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this
section and another law may be prosecuted under either or both this
section and the other law.

IMO, you still have quite a bit of maturing to do before I would sign off on your CHL, if I were in a position to make that decision.
How does your record compare to the eligibility requirements specifically and in detail?

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;
Specifically.... These requirements...

GC §411.172. ELIGIBILITY.
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor
or equivalent offense, or of an offense under Section 42.01,
Penal Code, or equivalent offense, or of a felony under an information
or indictment;
(6) is not a chemically dependent person [ALCOHOL??]
(8) has not, in the five years preceding the date of application, been
convicted of a Class A or Class B misdemeanor or equivalent offense or
of an offense under Section 42.01, Penal Code, or equivalent offense;
(13) has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal
law of the grade of felony;

[Oldgringo]

To clarify, I intend to disclose all arrests but my main concern is if the sealed evading arrest ( non disclosure order) is a disqualifier or not.

You are now ready to repent of your scofflaw past and apply for a license to legally carry a concealed handgun? If the answer is "yes", take the class, fill out the forms correctly and completely and then submit your application.

Your answer will be forthcoming from those who are empowered to make those decisions and answer your questions. If the answer is not in your favor, you are allowed to appeal the decision.

IANAL nor a DPS LEO, so I ain't gonna' quote you the CHL scriptures.

[Moresteli]

To clarify, I intend to disclose all arrests but my main concern is if the sealed evading arrest ( non disclosure order) is a disqualifier or not.

You are now ready to repent of your scofflaw past and apply for a license to legally carry a concealed handgun? If the answer is "yes", take the class, fill out the forms correctly and completely and then submit your application.

Your answer will be forthcoming from those who are empowered to make those decisions and answer your questions. If the answer is not in your favor, you are allowed to appeal the decision.

IANAL nor a DPS LEO, so I ain't gonna' quote you the CHL scriptures.

I get how this history makes me sound like a trouble maker. I am actually a pretty straight laced guy with a few unfortunate mistakes.

Both PI charges stemmed from incidents where I had to use self defense with a weapon (a knife which I carry). One of them I was even the one who called the police because I had been attacked by 5 men. The other I was attacked by 3. The circumstances of both gave good reason to court to give me the lightest punishment available (i.e. deferred disposition).

As far as the Evading arrest, the Assistant DA admitted the police officer clearly fabricated part of his arrest report and offered me a less severe punishment under a lesser Crime (class A). Had I the means to take it to trial ($10,000 more than the $5,000 I had already paid my attorney), I am confident it would have been dismissed given the circumstances. As it was, I took the route with the quickest means to an end. At the time I was not aware of its implications for getting my CHL, but given my limited options, I'm not sure it would have made much difference.

I know the nature of these cases are unlikely to be a factor of my eligibility. However, my main concern is if a non disclosure order on a succesfully completed class A deferred adjudication is considered "sealed" by a state agency for the purposes of obtaining a CHL.

[tbrown]

Expect that DPS will find sealed records, even sealed juvenile records, and disclose accordingly.

[MoJo]

Sealed juvi records aren't sealed for CHL purposes. From what you have said you are going to have to wait the 5 years. Also, 2 PI convictions in a ten year period will get you labeled as a "chemically dependent person" w/possible lifetime ineligibility. It's your money - - - spend it wisely.

[bayouhazard]

Good luck amigo. Sounds like you need it.

[RPBrown]

Sealed juvi records aren't sealed for CHL purposes. From what you have said you are going to have to wait the 5 years. Also, 2 PI convictions in a ten year period will get you labeled as a "chemically dependent person" w/possible lifetime ineligibility. It's your money - - - spend it wisely.

I agree with MoJo on this. Minimum 5 year wait

[Richardk]

I was denied the purchase of a handgun for misdemeanors, one being joy riding when I was 17 about 19 years ago, and the other a DWI 10 years ago.
I have bought multiple guns, but all of the sudden I was denied.
Does this mean I cant get a CHL?

[Jumping Frog]

I was denied the purchase of a handgun for misdemeanors, one being joy riding when I was 17 about 19 years ago, and the other a DWI 10 years ago.
I have bought multiple guns, but all of the sudden I was denied.
Does this mean I cant get a CHL?

I see it is your first post, so WELCOME!

It is more likely you were denied due to someone else having the same name or a similar form of mistaken identity. A NICS check doesn't explain why you were denied; trying to think through things in your own background to come up for a reason is fruitless.

You can follow up with a NICS appeal here: http://www.fbi.gov/about-us/cjis/nics/a ... peals-home" onclick="window.open(this.href);return false;

If there is conflicting information -- like an identity mistake -- you can always go the "Voluntary Appeal File (VAF)" route where you get a UPIN that gets you cleared for NICS checks in the future.

[smoothoperator]

If you can't pass a NICS check yoiu're not eligible for a CHL. See TX GC §411.172. (9) is fully qualified under applicable federal and state law to purchase a handgun

If you can pass a NICS check you may be eligible for a CHL if you don't have any charges pending, you don't have a A or B misdeamor conviction in the past 5 years, you're not an addict, you're of sound mind, you don't owe Texas money, and you don't lie on the application.

[Richardk]

I did go through the appeal process and the crimes listed above were the reasons I was denied.
I wanted to get my CHL, but NICS is saying I cant purchase firearms due to a 10year old non violent and a 19 year old misdemeanor.
Is there no statue of limitations for crimes I committed as a youth?
Who can I talk to as the NICS number seems to be run by persons who just say read the form sent to me by NICS

[Oldgringo]

I did go through the appeal process and the crimes listed above were the reasons I was denied.
I wanted to get my CHL, but NICS is saying I cant purchase firearms due to a 10year old non violent and a 19 year old misdemeanor.
Is there no statue of limitations for crimes I committed as a youth?
Who can I talk to as the NICS number seems to be run by persons who just say read the form sent to me by NICS

"Ach, too soon we grow old, too late we grow smart." - an old German folk saying.