TexasCHLforum.com

almostfree wrote:Has this changed since H.B. 2730? it is my understanding that the successful completion of deferred adjudication results in the conviction being "set aside." Doesn't this mean that after the conviction is "set aside" that an individual is again elgible for a CHL since they are no longer convicted?

Here is what I am looking at:

http://www.txdps.state.tx.us/administra ... bility.pdf" onclick="window.open(this.href);return false;

and

http://www.txdps.state.tx.us/administra ... alysis.pdf" onclick="window.open(this.href);return false;

In Texas, a person receiving a deferred adjudication does not receive a conviction, even though they have to plead guilty or "no contest" which is the same as a guilty plea. Since there is no "conviction," there is no conviction to be set aside. The order of deferral is not set aside either.

Chas.

If you currently have a CHL, then it will be revoked because a deferred adjudication is statutorily defined as a "conviction" for CHL eligibility purposes. If it is revoked, you will not be eligible to reapply for 7 years; 5 for the Class A "conviction" plus 2 more because of the revocation. There is a way to avoid the additional 2 years of ineligibility, but you have to act before DPS revokes your CHL. Send me a PM if you need my information.

If you don't have a CHL, you will be ineligible for 5 years from the date the judge entered his order, not the date your probation ends in 2 years.

As of Sept. 1, 2009, a conviction is considered a felony only if it was a felony both at the time of conviction and at the time of application for a CHL.

Chas.