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Background Check....

Posted: Sun Mar 17, 2013 12:17 am
by D_hardy
New to the site and was looking for some help! I have a state jail felony for theft from when I had just turned 17 and was a stupid kid. I received deferred disposition and the final disposition was 1/9/03 with probation completed. I was skeptical about being eligible from reading the different penal codes about how deferred still meant conviction with regards to a chl. It does not show a conviction on my record at all but it does show indictment. I emailed back and forth with a
Tammie Phillips - Investigator II, Eligibility Evaluation Unit Texas Department of Public Safety Regulatory Services Division. She told me I would be eligible after 1/9/13 so I went ahead and completed my class, app and all the other paperwork. Now I just have this terrible feeling that I am not eligible and wasnt sure if anyone else had any experience with this. Thanks for any help and sorry if I put this in the wrong section!

Re: Background Check....

Posted: Sun Mar 17, 2013 1:04 pm
by Gat0rs
Here is the deal, a deferred adjudication over 10 years old is not considered a "conviction" (and thus a nothing) unless your offense was a felony under Title 5, Chapter 29, Section 25.07, or Section 30.02 of the Texas penal code or a similar violation under the rules of another state.
Title 5 is offenses against a person (i.e., rape, murder, kidnapping, etc...). Chapter 29 is robbery. Section 25.07 is is violation of a protective order (you violated restraining order) and Section 30.02 is Burglary. Unless you were deferred adjudication for one of these offenses, you are not considered "convicted" after 10 years.

See definition of conviction under texas chl eligibility laws.

Re: Background Check....

Posted: Sun Mar 17, 2013 2:26 pm
by PSTL*PAKR
D_hardy- I also had a felony theft case :banghead: that I was arrested on and given deferred. I was also released in 2003. In Aug of 2012 I applied for my CHL and got it with no problems...Hope this makes you feel better, because I also felt the same way you are feeling...

Re: Background Check....

Posted: Sun Mar 17, 2013 4:35 pm
by D_hardy
Thanks fellas, I will sleep a little easier. Sent my packet on 3/1 and haven't had any status change so I started to think about it all too much. Then I found the waiting room and feel a little better about my wait time. Thanks again for the replies :txflag: