Felony Deferred Adjudication Probation finished 3/5/08

[Sr20max]

OK I had just turned 17 and was arrested for Drugs. I was place on a deferred adjudication and I have since bought several guns. I am wanting my CHL and have taken the class (last weekend) not even thinking about this due to me buying guns legally the last couple of years. Does anyone know if I am disqualified of this or will be possible. I was placed on deferred adjudication in March 2004 and was release in March of 2008 because I finished everything a couple years early they let me go. Since then I haven't been in any trouble but that doesnt seem to matter. From what I am reading I will have to wait 2 more years until 3.5.18 which isn't crazy my instructor told me the class and paperwork is valid for 2 years so I should have a couple months I could file in that year! Unless anyone has any information I may be skipping, On my forms It does say Dismissed and the Judge appointed it. Any info would help or any direction in how to seal my record or get this expunged or Pardoned or anything, Anything will help! Thanks in advance I appreciate it!

[Solaris]

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 or 25.072, 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).

[ScottDLS]

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 or 25.072, 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).

If the order (of deferred adjudication) was entered in 2004, you should be eligible after 2014....

[JoCannonIV]

OK I had just turned 17 and was arrested for Drugs. I was place on a deferred adjudication and I have since bought several guns. I am wanting my CHL and have taken the class (last weekend) not even thinking about this due to me buying guns legally the last couple of years. Does anyone know if I am disqualified of this or will be possible. I was placed on deferred adjudication in March 2004 and was release in March of 2008 because I finished everything a couple years early they let me go. Since then I haven't been in any trouble but that doesnt seem to matter. From what I am reading I will have to wait 2 more years until 3.5.18 which isn't crazy my instructor told me the class and paperwork is valid for 2 years so I should have a couple months I could file in that year! Unless anyone has any information I may be skipping, On my forms It does say Dismissed and the Judge appointed it. Any info would help or any direction in how to seal my record or get this expunged or Pardoned or anything, Anything will help! Thanks in advance I appreciate it!

Below is a link to download the application for Clemency through the with Texas Board of Pardons and Paroles. It takes time, so be patient. Fill out all the forms and double and triple check everything before you send it in. Everybody makes mistakes and sometimes it makes us a better person because of it.

Good Luck!

http://www.tdcj.state.tx.us/bpp/forms/forms.html

[mojo84]

I'm not sure about all of the details but I believe the clock begins once the deferred adjudication is complated and not when ordered,

[ScottDLS]

I'm not sure about all of the details but I believe the clock begins once the deferred adjudication is complated and not when ordered,

GC 411.1711 seems to read "from when the order was entered", not completion date. The "conviction" takes place when the judge enters the order ("verdict"), not when you get out of jail... but that's just the way I read it, maybe DPS says 10 "business years"

[RoyGBiv]

I'm not sure about all of the details but I believe the clock begins once the deferred adjudication is complated and not when ordered,

My understanding is same as Scott... Clock starts on the date the order was entered.

IANAL. EIEIO. YMMV

[mojo84]

I am by no means an expert and may very well be wrong. I read it as "entered" being completed and,then judge entering final disposition and not when it it ordered or,granted,by by the judge.

Maybe someone will come along and define the term "entered" for us.

[casp625]

I am by no means an expert and may very well be wrong. I read it as "entered" being completed and not when it it ordered by the judge.

Maybe someone will come along and define the terms for me.

According to Charles (viewtopic.php?f=42&t=84494&p=1084419#p1084419)

When was the "deal" cut for deferred adjudication? You are eligible for a License five years from that date, not the date you completed the probationary period. You said sometime in 2011 and this is 2016, so you are very close.

Chas.

Now unless misdemeanors and felonies have different dates, then he should be eligible 10 years from the date the order was entered: 2004.

[mojo84]

Casp, thanks for the link. That helps.

[Sr20max]

OK I had just turned 17 and was arrested for Drugs. I was place on a deferred adjudication and I have since bought several guns. I am wanting my CHL and have taken the class (last weekend) not even thinking about this due to me buying guns legally the last couple of years. Does anyone know if I am disqualified of this or will be possible. I was placed on deferred adjudication in March 2004 and was release in March of 2008 because I finished everything a couple years early they let me go. Since then I haven't been in any trouble but that doesnt seem to matter. From what I am reading I will have to wait 2 more years until 3.5.18 which isn't crazy my instructor told me the class and paperwork is valid for 2 years so I should have a couple months I could file in that year! Unless anyone has any information I may be skipping, On my forms It does say Dismissed and the Judge appointed it. Any info would help or any direction in how to seal my record or get this expunged or Pardoned or anything, Anything will help! Thanks in advance I appreciate it!

Below is a link to download the application for Clemency through the with Texas Board of Pardons and Paroles. It takes time, so be patient. Fill out all the forms and double and triple check everything before you send it in. Everybody makes mistakes and sometimes it makes us a better person because of it.

Good Luck!

http://www.tdcj.state.tx.us/bpp/forms/forms.html

DUDE THANK YOU SOO MUCH I Wrote a letter to the President and the Governor last night and this is another route I will take THANK YOU!!!

[infoman]

You're eligible March 2014. (according to your first post) Not sure why you're writing the Pres/Gov. You said it was a drug related charge right?

[Charles L. Cotton]

You're eligible March 2014. (according to your first post) Not sure why you're writing the Pres/Gov. You said it was a drug related charge right?

Correct. There's nothing to pardon since it was a successfully completed deferred adjudication. Only convictions can be pardoned. The deferred adjudication is an eligibility issue for an LTC only because the Code expressly defines a "conviction" to include deferred adjudications for this purpose.

Chas.

[Beiruty]

You're eligible March 2014. (according to your first post) Not sure why you're writing the Pres/Gov. You said it was a drug related charge right?

Correct. There's nothing to pardon since it was a successfully completed deferred adjudication. Only convictions can be pardoned. The deferred adjudication is an eligibility issue for an LTC only because the Code expressly defines a "conviction" to include deferred adjudications for this purpose.

Chas.

Chas,

Any plans to remove the deferred adjudication from being included with the convictions?

[Charles L. Cotton]

You're eligible March 2014. (according to your first post) Not sure why you're writing the Pres/Gov. You said it was a drug related charge right?

Correct. There's nothing to pardon since it was a successfully completed deferred adjudication. Only convictions can be pardoned. The deferred adjudication is an eligibility issue for an LTC only because the Code expressly defines a "conviction" to include deferred adjudications for this purpose.

Chas.

Chas,

Any plans to remove the deferred adjudication from being included with the convictions?

That's on my "To Do List," but I don't know if'/when I'll be able to move it to our Legislative Agenda. The recent shooting in Orlando should add fuel to the effort to remove off-limits areas for LTC's and that will be a major, high-profile, emotionally-charged campaign.

Chas.