CHL Revocation question

[TXSailor808]

So, here's my question. I got hit with a disorderly conduct charge for language, a joke considering the situation. I thought I was okay, as it was a Class C misdemeanor and forgot that it stands out as the one charge that can lead to denial/revocation of a CHL, so when offered the chance to avoid the fine and get differed adjudication, I took it. Now, it was just a language thing, but it still went down as DOC. Is this an automatic revocation of license? I haven't heard anything from DPS, haven't received any letters in the mail, or anything to that effect.

[Dcav]

Disorderly Conduct (Texas PC Section 42.01) is a class C misdemeanor and will disqualify you. The arresting authority sends the paper work to Austin and they will notify you.

[TXSailor808]

This is even if it was just a written ticket and no arrest?

[Keith B]

Unfortunately a Disorderly Conduct charge is the one Class C that will get your CHL revoked. See GC §411.172 (8)

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

[TXSailor808]

Unfortunately a Disorderly Conduct charge is the one Class C that will get your CHL revoked. See GC §411.172 (8)

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

All that for saying what the heck in public... odd that dps hasn't sent anything yet. Is it an automatic thing? Or is there something I'm supposed to do?

[Keith B]

Unfortunately a Disorderly Conduct charge is the one Class C that will get your CHL revoked. See GC §411.172 (8)

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

All that for saying what the heck in public... odd that dps hasn't sent anything yet. Is it an automatic thing? Or is there something I'm supposed to do?

Per Texas Code 411.186 (b), the arresting officer is supposed to send in the CHL-88 form.

http://www.lawserver.com/law/state/texa ... de_411-186" onclick="window.open(this.href);return false;

If the officer doesn't send it in, then I am not sure what happens for your current license. However, when you go to renew your license, you may be rejected due to the Disorderly Conduct Class C charge.

[tommyg]

I'm not a lawyer check for yourself

You might be able to get an out of state license that is recognised by Texas
Florida, Arizona, Virgenia and several other states can issue the non-resident license

[powerboatr]

Unfortunately a Disorderly Conduct charge is the one Class C that will get your CHL revoked. See GC §411.172 (8)

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

All that for saying what the heck in public... odd that dps hasn't sent anything yet. Is it an automatic thing? Or is there something I'm supposed to do?

wow
I have to avoid your area,
heck is not my top word but does share a few letters

[BrianSW99]

It may be best for you to voluntarily surrender your license to avoid revocation and then go the out of state route. If they revoke your CHL, there's an additional 2 year penalty on top of the 5 you already get for the Disorderly Conduct charge.

Brian

[Jumping Frog]

It may be best for you to voluntarily surrender your license to avoid revocation and then go the out of state route. If they revoke your CHL, there's an additional 2 year penalty on top of the 5 you already get for the Disorderly Conduct charge.

Words of wisdom here. Listen.

Meanwhile, a copy of your current Texas CHL serves as proof of training for an AZ non-resident license. Get that ball in motion.

[alphonso]

To the OP:

Could you give a bit more information about what you said, who you said it to, and where you were at the time?

Thanks...

[couzin]

Agree - there is more to this story I betcha! Plus - should this forum be suggesting to a first time poster how to circumvent the loss of a Texas CHL because of a chargeable offense under Texas codes by going to an out of state license/permit?

[BrianSW99]

Agree - there is more to this story I betcha! Plus - should this forum be suggesting to a first time poster how to circumvent the loss of a Texas CHL because of a chargeable offense under Texas codes by going to an out of state license/permit?

I would never advise someone to get an out of state CHL just to avoid the cost or training requirements of the Texas license. However, the OP is no longer elligible for a Texas CHL. As long as carrying on an out of state license is still a legal option, I have no problem with someone in the OPs position doing so until he becomes elligible again for the Texas license.

Brian

[JustMe]

I'm confused then about deferred adjudication. My understanding was that if you fulfilled the time period of deferred adjudication-then it was as if it never happened. I know that is how it is with speeding tickets anyway.

[RPB]

I'm confused then about deferred adjudication. My understanding was that if you fulfilled the time period of deferred adjudication-then it was as if it never happened. I know that is how it is with speeding tickets anyway.

The concealed handgun law states that deferred adjudication will be treated as a conviction.
http://www.statutes.legis.state.tx.us/D ... GV.411.htm" onclick="window.open(this.href);return false;

See also below that (same link as above)

Sec. 411.171
(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:

(A) expunged;

(B) pardoned under the authority of a state or federal official; or

(C) otherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a license under this subchapter unless the order of deferred adjudication was entered against the person for:

(1) a felony offense under:

(A) Title 5, Penal Code;

(B) Chapter 29, Penal Code;

(C) Section 25.07, Penal Code; or

(D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or

(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).

Added by Acts 2005, 79th Leg., Ch. 1084, Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.01, eff. September 1, 2009.

old thread related: Deferred Adjudication = Convicted?
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