Question about Deferred Adjudication I got in 1995

[Eric 12]

I'm 42 and applied for my LTC about a month ago just received a denial letter because of a conviction I got back in December 1995 for burglary of a habitation and was placed on deferred adjudication I was 18 at the time and finished probation and community service. I called DPS and asked if there was a way I could get it removed from my record would that make a difference. They told me I could appeal the decision. I would appreciate any suggestions on my options.

[03Lightningrocks]

I'm 42 and applied for my LTC about a month ago just received a denial letter because of a conviction I got back in December 1995 for burglary of a habitation and was placed on deferred adjudication I was 18 at the time and finished probation and community service. I called DPS and asked if there was a way I could get it removed from my record would that make a difference. They told me I could appeal the decision. I would appreciate any suggestions on my options.

It can be expunged but law enforcement will still see it there. I believe the wait time from a deferred adjudication for LTC purposes is 10 years so you are past that point. Did you list it on your paperwork? You are required to do so and that may be part of the denial.

[RoyGBiv]

I'm not a lawyer, this is just my opinion.

Deferred adjudication is treated as a conviction for LTC eligibility.
Burglary of a habitation, if convicted, would be a felony.
Any felony is a permanent disqualification for LTC.

[03Lightningrocks]

I'm not a lawyer, this is just my opinion.

Deferred adjudication is treated as a conviction for LTC eligibility.
Burglary of a habitation, if convicted, would be a felony.
Any felony is a permanent disqualification for LTC.

That is incorrect. A deferred adjudication is not a felony conviction. LTC has a ten year wait period for a deferred adjudication.

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).

[Eric 12]

I did not post it on my application I could not remember the date and when I did a criminal history search it never came up. The lawyer I had at the time I was charged told me if I finish the Deferred adjudication and get no other charges while on it when I finished it would be off my record. I have received multiple security clearances and a confidential security clearance for recent jobs I had and never had issues. And was told it shouldn't be an issue because it was so long ago. I should have posted it anyway bad decision on my part

[03Lightningrocks]

I did not post it on my application I could not remember the date and when I did a criminal history search it never came up. The lawyer I had at the time I was charged told me if I finish the Deferred adjudication and get no other charges while on it when I finished it would be off my record. I have received multiple security clearances and a confidential security clearance for recent jobs I had and never had issues. And was told it shouldn't be an issue because it was so long ago. I should have posted it anyway bad decision on my part

Unfortunately many lawyers give the impression a deferred will be off the record. Truth is, it will be there until you file a non-disclosure order. That is a lawyer thing so I don't know the process. But I believe you have to wait five years.

I would bet money you were denied because they saw the arrest and you had not listed it. Had you listed it and gotten them the court order showing the deferred, I bet it would have been approved. I am not sure what you can do now that you were denied. Maybe someone will post up better advice.

[RoyGBiv]

I'm not a lawyer, this is just my opinion.

Deferred adjudication is treated as a conviction for LTC eligibility.
Burglary of a habitation, if convicted, would be a felony.
Any felony is a permanent disqualification for LTC.

That is incorrect. A deferred adjudication is not a felony conviction. LTC has a ten year wait period for a deferred adjudication.

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).

Maybe you should read 30.02?

Peace.

[Eric 12]

Yes I should have just put it in the application even if I couldn't find it in history or didn't have a date. I am hoping if I appeal I can provide them with whatever information I can get about the case. And explain to them it was a poor decision on my part and I was not trying to hide anything just wasn't thinking straight. Thank you and I appreciate the input.

[03Lightningrocks]

I'm not a lawyer, this is just my opinion.

Deferred adjudication is treated as a conviction for LTC eligibility.
Burglary of a habitation, if convicted, would be a felony.
Any felony is a permanent disqualification for LTC.

That is incorrect. A deferred adjudication is not a felony conviction. LTC has a ten year wait period for a deferred adjudication.

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).

Maybe you should read 30.02?

Peace.

I see what your saying now. Well then I am no longer sure. I had not looked up 30.02. Looks like a burglary is forever. If I read it correctly.

[narcissist]

I'm not a lawyer, this is just my opinion.

Deferred adjudication is treated as a conviction for LTC eligibility.
Burglary of a habitation, if convicted, would be a felony.
Any felony is a permanent disqualification for LTC.

That is incorrect. A deferred adjudication is not a felony conviction. LTC has a ten year wait period for a deferred adjudication.

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).

Maybe you should read 30.02?

Peace.

I see what your saying now. Well then I am no longer sure. I had not looked up 30.02. Looks like a burglary is forever. If I read it correctly.

but your best bet is to go ahead and speak with a actrul attorney. Most the time they won't charge unless they actruly have to proceed in the case.

[ScottDLS]

Get it expunged or a non-disclosure order. Otherwise it seems it’s a permanent bar to LTC.

[03Lightningrocks]

As has been mentioned already, this is definitely something to speak with an attorney about. Doing the wrong thing could make things worse. Good luck to you with it all.

I do think the rules for a deferred are something that need changed. If the court system deems something as adjudicated, it seems a bit odd that the state over rides it and restricts your rights.

[Ameer]

Get it expunged or a non-disclosure order. Otherwise it seems it’s a permanent bar to LTC.

When you ask for deferred adjudication, you're admitting guilt. I don't have a problem with that being treated as a conviction for certain crimes like breaking into people's homes. After all, it's presumed reasonable to shoot somebody breaking into your home.

If they want it off their record, they can make the case for a pardon, expunction or nondisclosure.

[ScottDLS]

Get it expunged or a non-disclosure order. Otherwise it seems it’s a permanent bar to LTC.

When you ask for deferred adjudication, you're admitting guilt. I don't have a problem with that being treated as a conviction for certain crimes like breaking into people's homes. After all, it's presumed reasonable to shoot somebody breaking into your home.

If they want it off their record, they can make the case for a pardon, expunction or nondisclosure.

I generally agree though I think it’s a little bit of a bait and switch to say a deferral is not a record of conviction, except when it is...

Anyway for the OP I e heard it’s not that hard to get a non-disclosure order especially if you have a clean record other than the deferral. Also understand that some jurisdictions are now giving deferrals together with a non-disclosure after successful completion.

[infoman]

Burglary of Habitation (Def Adj) is a permanent disqualified, unless you get an expungement or order of Non Disclosure. You would be wasting your time & money appealing as is.