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hello! new to forum with a few ?'s

Posted: Sun Jun 01, 2014 10:06 pm
by josem111989
New here and have been searching for an answer to a question I have but so far no luck. Well my question is that if I have a possession of marijuana under 2 oz charge (from back in 09 that was barely closed last year 2013) will that disqualify me from being able to receive a chl?

Re: hello! new to forum with a few ?'s

Posted: Sun Jun 01, 2014 10:10 pm
by The Annoyed Man
josem111989 wrote:New here and have been searching for an answer to a question I have but so far no luck. Well my question is that if I have a possession of marijuana under 2 oz charge (from back in 09 that was barely closed last year 2013) will that disqualify me from being able to receive a chl?
You've said what the charge was, but nothing about the disposition of the charge. Was the charge dropped? Were you convicted or acquitted? If you were convicted, what category of crime was it.....Felony, Class A, B, or C misdemeanor? If you were acquitted, you don't have a problem.....as long as you can prove to DPS that you were acquitted. If charges are still pending, then yes, it will likely keep your application from going through.

From the CHL website: http://www.stateoftexaschl.com/chl-faqs/
A number of factors may make you ineligible to obtain a license, such as: felony convictions and some misdemeanor convictions, including charges that resulted in probation or deferred adjudication; pending criminal charges; chemical or alcohol dependency; certain types of psychological diagnoses protective or restraining orders, and defaults on state or city taxes, governmental fees, or child support.

Re: hello! new to forum with a few ?'s

Posted: Sun Jun 01, 2014 10:18 pm
by The Annoyed Man
BTW, welcome to the forum....

Also, I used the forum search function to find "CHL Disqualifiers" and got back 5 pages of results, posts per page.

Just sayin'....

Re: hello! new to forum with a few ?'s

Posted: Sun Jun 01, 2014 10:33 pm
by josem111989
The Annoyed Man wrote:
josem111989 wrote:New here and have been searching for an answer to a question I have but so far no luck. Well my question is that if I have a possession of marijuana under 2 oz charge (from back in 09 that was barely closed last year 2013) will that disqualify me from being able to receive a chl?
You've said what the charge was, but nothing about the disposition of the charge. Was the charge dropped? Were you convicted or acquitted? If you were convicted, what category of crime was it.....Felony, Class A, B, or C misdemeanor? If you were acquitted, you don't have a problem.....as long as you can prove to DPS that you were acquitted. If charges are still pending, then yes, it will likely keep your application from going through.

From the CHL website: http://www.stateoftexaschl.com/chl-faqs/
A number of factors may make you ineligible to obtain a license, such as: felony convictions and some misdemeanor convictions, including charges that resulted in probation or deferred adjudication; pending criminal charges; chemical or alcohol dependency; certain types of psychological diagnoses protective or restraining orders, and defaults on state or city taxes, governmental fees, or child support.
No the charges werent dropped, I sat the 2 weeks out and that was the end of it.

Re: hello! new to forum with a few ?'s

Posted: Sun Jun 01, 2014 10:34 pm
by josem111989
The Annoyed Man wrote:BTW, welcome to the forum....

Also, I used the forum search function to find "CHL Disqualifiers" and got back 5 pages of results, posts per page.

Just sayin'....
Thanks... and I also used the search tab but didnt find anything that would help with what I had to ask.

Re: hello! new to forum with a few ?'s

Posted: Sun Jun 01, 2014 10:39 pm
by The Annoyed Man
josem111989 wrote:No the charges werent dropped, I sat the 2 weeks out and that was the end of it.
Not trying to be a smartypants.... what does that mean, "I sat the 2 weeks out and that was the end of it"? I am assuming that it means you actually had a conviction. I'm also assuming that it was a misdemeanor. But do you know what class of misdemeanor it was? If I remember correctly, either a Class A or Class B misdemeanor conviction is a disqualifier for 10 years from date of conviction (or maybe from completion of sentence...I don't remember for sure), but not a Class C.

Re: hello! new to forum with a few ?'s

Posted: Sun Jun 01, 2014 10:42 pm
by The Annoyed Man
You should have some paperwork somewhere from your conviction and/or sentencing that would specifically describe what it was.

When you say "2 weeks", was that like community service or something?

Re: hello! new to forum with a few ?'s

Posted: Sun Jun 01, 2014 11:17 pm
by Carzan
I believe a class B or class a misdemeanor is a disqualifyer for five years from the date of disposition. As long as the maximum sentence you could've received is 1year or less.

Re: hello! new to forum with a few ?'s

Posted: Sun Jun 01, 2014 11:24 pm
by Carzan
Just because you sat for only two weeks doesn't mean much really. You need to know exactly what the charge was to know what you were convicted of in order to answer your question. you can most likely look it up on your county website.

Good luck and welcome to the forum. This is a great resource to learn. There are many here who will chime in shortly I'm sure who know the ins and outs much better than I.

The way to know for sure is to apply for your plastic. ;-)

Re: hello! new to forum with a few ?'s

Posted: Mon Jun 02, 2014 12:39 am
by jmra
Welcome to the forum. As others have stated you will need to know exactly what you were convicted of and the date of the conviction in order to answer your question.

Re: hello! new to forum with a few ?'s

Posted: Mon Jun 02, 2014 8:54 am
by TomV
Just from some general research; possession of less than 2 oz is a class B misdemeanor. That means you are out for 5 years.

I don't know if that time starts from conviction or final release. If I understand your post, you were cleared in 2013 so, you probably have until 2018 until you can apply.

Keep all your paperwork to send to DPS.

Welcome to the forums.

Re: hello! new to forum with a few ?'s

Posted: Mon Jun 02, 2014 9:04 am
by josem111989
Thanks for the welcomings everyone. As to the question I have, I lost my paperwork somewhere between moving to my new place. Do you guys have a website where I can check? Im located in dallas tx and my charge was in parker county

Re: hello! new to forum with a few ?'s

Posted: Mon Jun 02, 2014 9:09 am
by Keith B
josem111989 wrote:Thanks for the welcomings everyone. As to the question I have, I lost my paperwork somewhere between moving to my new place. Do you guys have a website where I can check? Im located in dallas tx and my charge was in parker county
You can contact the Parker County court and ask teh clerk for a certified copy of your disposition. You will need that for your CHL application anyway if you are elligble.

Re: hello! new to forum with a few ?'s

Posted: Mon Jun 02, 2014 9:18 am
by josem111989
healthinsp wrote:Just from some general research; possession of less than 2 oz is a class B misdemeanor. That means you are out for 5 years.

I don't know if that time starts from conviction or final release. If I understand your post, you were cleared in 2013 so, you probably have until 2018 until you can apply.

Keep all your paperwork to send to DPS.

Welcome to the forums.
Thanks thats exactly the information I needed, also does the same apply to purchasing a handgun???

Re: hello! new to forum with a few ?'s

Posted: Mon Jun 02, 2014 9:21 am
by josem111989
Keith B wrote:
josem111989 wrote:Thanks for the welcomings everyone. As to the question I have, I lost my paperwork somewhere between moving to my new place. Do you guys have a website where I can check? Im located in dallas tx and my charge was in parker county
You can contact the Parker County court and ask teh clerk for a certified copy of your disposition. You will need that for your CHL application anyway if you are elligble.
Oh I will? Ok cool ill get on to that as soon as I get home after work. Thanks.