Advice Needed

[Alison Wonderland]

I am hoping someone here has had a similar experience and applied for their CHL.

On 1/4/99 I was arrested for a Class B Misdemeanor. I got deferred adjudication on 4/4/99. I completed all of the requirements for the Deferred adjudication on 4/4/00.

So now I go to get my letter of disposition. The clerk looks it up and goes, "uh-oh". Then proceeds to explain that it should have been dismissed when I completed the deferred adjudication, but due to a clerical error it wasn't. She suggested that I speak with someone at the probation office. So I call and speak to a supervisor there. She explains that they just didn't submit a form for the judge to sign to get it dismissed. She then explained that they weren't required to do so 10 years ago, and that it shouldn't matter because since it was deferred, I wasn't actually convicted. I then explained that for the purposes of getting my CHL, it does. She went ahead and submitted the form, and explained that this could take a while to get resolved.

In the mean-time, I have a certified form showing the date of the arrest, and the disposition saying deferred adjudication.

Here is my concern. If I submit this, will it be denied, since the disposition is not truly final?

If I wait for the dismissal to go through, will the date on that dismissal be this year, in which case make me ineligible for my CHL?

This is a weird one, and I would value your opinion.

[USA1]

does the disposition have the wording .."Deferred Adjudication Terminated" any where on it .
that would be the proper wording instead of "Dismissed"

[Alison Wonderland]

nope. Just the abbreviation, "def. adj." It also says below that, "All fines paid".

[USA1]

perhaps Mr.Cotton can shed some light on this for you .

you'll probably be OK . i would definitely speak with someone in the legal department at DPS.
i have had to inquire about a legal matter with them and they were very knowledgeable and friendly .

[mikeloc]

It just needs to show your court date and action taken by the court. Your five years is from your court date.