CHL Disqualifications

[cag89]

I need some help concerning CHL qualifications. I was arrested on 12/01/07 for a Class B Theft, received my sentencing on 1/01/08 and got it deferred, and everything wrapped up on 10/24/08. Basically, I was wondering if I can apply for my CHL. I took my training test, but have yet to apply with the state DPS office. I know there is some provision that says I need to wait 5 years after I get a Class B offense, but I would like to double check. Thanks for the help.

[gras]

I took the class at the beginning of the month and he said 5 years for disqualifying misdemeanors.

[Crossfire]

If you were convicted of a Class B Misdemeanor on 01/01/08, (which seems doubtful, since that would be a holiday), then you are eligible to apply on 01/01/13. Deferred adjudication is a conviction for CHL purposes.

[tomtexan]

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense or of an offense under Section 42.01, Penal Code, or equivalent offense

You can read all the eligibility requirements here: http://www.txdps.state.tx.us/internetfo ... chl-16.pdf" onclick="window.open(this.href);return false;

Edited to correct spelling error!

[cag89]

Thanks for the info, I had assumed as much

[CMalin]

The CHL 16 is a very useful book for everyone! I would encourage all chl holders to keep one handy!

[Stripes Dude]

I would file for an order of non disclosure (sealing the record). The definition of conviction for CHL purposes typically considers deferred adjudication to be the same as convicted, except when pardoned, expunged or sealed. See below for excerpt of the law:

From page 3:

“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.