You are not necessarily correct, so Keith advice to look at the actual paperwork is wise.RonW956 wrote:Hi guys, thank you & yes, I'm glad I found this forum.
Although I'm not a lawyer, but the fact that they had him sign a form tells me that it was more than a simple dismissal... there was a "condition" in there... on the condition of staying trouble free for 90 days. when there is a form that the court has you sign with a condition in it, that my friend is called a deferred adjudication. They may have called it a "deferred disposition agreement" however its basically the same thing.
If it was a dismissal... he would have walked out the court and not sign a thing. Like I said, the OP's main priority right now should not be a CHL, it should be focused on getting that arrest record & court disposition expuncted.
From the DPS website " If I received deferred adjudication for an offense, am I eligible for a Concealed Handgun License (CHL)?
The Concealed Handgun law states that deferred adjudication will be considered the same as a conviction. Depending on the type of offense and the date of deferral, you may not be eligible for a CHL"
I will add, that the OP will be able to reapply for his CHL after 5 yrs of being convicted of a class B misdemeanor in Texas, but that really depends on the type of charge. for Domestic violence? nope... you wont be able to get one. That is why he must right NOW get that record expuncted... I do believe that he qualifies for that.
For just one example, people sign agreements with the prosecutor in Harris County all the time for pre-trial diversion. If the person completes the terms of the deal (typically community control aka probation and community service), then the prosecutor withdraws the charges. There is a record of arrest (which can be expunged) and the charges are dropped. That is NOT the same as deferred adjudication and has no impact on CHL eligibility.