Misdemeanor Timing

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Ja1034
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Misdemeanor Timing

#1

Post by Ja1034 »

Hi - looking for some advice here. I was arrested in April of 2007 for dwi. This was dismissed and I pled to a charge of obstruction of passageway which is a class b. The plea date was Oct 2008. I have already a mailed in my chl stuff regretably as in reading here it looks like I should not have sent everything until oct 2013. I assume this will be denied. Will I have to complete a new application, new Chl class photos prints etc? Or can I use all the same stuff?

Thanks!

bkj
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Re: Misdemeanor Timing

#2

Post by bkj »

Texas Administrative Code
RULE §6.12 Application Procedure and Required Materials
(1) Evidence of proficiency. The applicant must submit evidence of proficiency, as defined by §6.11 of this title (relating to Proficiency Requirements) reflecting the successful completion of a handgun proficiency course approved by the department and taught by a certified handgun instructor. Evidence of proficiency submitted by an original applicant will not be accepted by the department if it is more than two years old. Evidence of proficiency submitted by a renewal applicant will not be accepted by the department if it is more than six months old.

As per the administrative code your class is good for two years

You need to wait for 5 years on ths class B
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sjfcontrol
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Re: Misdemeanor Timing

#3

Post by sjfcontrol »

The problem may come up, however, in that I presume he sent his "original" CHL-100 in with his application. I'm not sure they would accept a copy (if he even had one) with a new app.

One of the advantages of applying electronically (all documents transmitted rather than mailed) is that you KEEP the originals.
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Jar Jar
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Re: Misdemeanor Timing

#4

Post by Jar Jar »

I was reading about somebody had a problem with their application. I think on this forum. He had to do a complete new application including a new class. DPS wouldn't let him reuse the CHL 100 from his first class even though it was still in the time limit. How wude!
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sjfcontrol
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Re: Misdemeanor Timing

#5

Post by sjfcontrol »

Jar Jar wrote:I was reading about somebody had a problem with their application. I think on this forum. He had to do a complete new application including a new class. DPS wouldn't let him reuse the CHL 100 from his first class even though it was still in the time limit. How wude!
That was a renewal app. CHL-100 for renewals are only valid for 6 months, not two years. And the issue there was that the applicant had an issue and was notified that he had to resolve it within 90 days, and failed to do so. That invalidated his entire app. And therefore he had to reapply as a NEW applicant.

That said, good catch. Given that, I'm not sure that DPS would accept a CHL-100 that had been used in a prior denied app even if the reason for denial had expired, and the CHL-100 had not (and he still had an original). Bleeding edge here, best call DPS to find out. Too many variables to second guess DPS.
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Jar Jar
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Re: Misdemeanor Timing

#6

Post by Jar Jar »

Different situation yes but Ja1034 sounds like he's not eligible and will get rejected for background which sounds worse to me than being slow to reply. Best for Ja1034 to ask DPS to know for sure. OK going back to lurking. :-)
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sunny beach
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Re: Misdemeanor Timing

#7

Post by sunny beach »

sjfcontrol wrote:
Jar Jar wrote:I was reading about somebody had a problem with their application. I think on this forum. He had to do a complete new application including a new class. DPS wouldn't let him reuse the CHL 100 from his first class even though it was still in the time limit. How wude!
That was a renewal app. CHL-100 for renewals are only valid for 6 months, not two years. And the issue there was that the applicant had an issue and was notified that he had to resolve it within 90 days, and failed to do so. That invalidated his entire app. And therefore he had to reapply as a NEW applicant.

That said, good catch. Given that, I'm not sure that DPS would accept a CHL-100 that had been used in a prior denied app even if the reason for denial had expired, and the CHL-100 had not (and he still had an original). Bleeding edge here, best call DPS to find out. Too many variables to second guess DPS.
I can't find it now but I read somewhere that if DPS revokes your license for a misdemeanor conviction, you have to wait 7 years instead of 5, but if you turn in your license first you only have to wait 5 years. Does anyone know if DPS hits you with the additional 2 year penalty if they're denied because they applied before they're eligible, or do they only hit you for a revoked license?
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