Question about CHL eligibility

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LK2140
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Question about CHL eligibility

#1

Post by LK2140 »

Hey guys, sorry if this is a stupid question but I'm new to this. I'm signed up for a CHL class this Saturday and after reading the state requirements on different sites, Im not sure if I'm eligible to get a CHL.

Some sites said I can't have any misdemeanors in the last 10 years, some say I can't have just A and B misdemeanors, and finally A, B, and C (Disorderly conduct). I got three MIPs (Minor in possession all of which were deferred) during my 19th and 20th year and I'm 24 now. So...I'm a bit confused. In other forums people said that MIP alcohol offense is not a problem in getting a CHL. And if its not a problem, do I still report those on my application? Any insight would be great. -Thanks
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Charles L. Cotton
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Re: Question about CHL eligibility

#2

Post by Charles L. Cotton »

Class A & B Misdemeanors and Class C Disorderly conduct disqualify a person for a CHL for five years, not ten years. MIP's are Class C and they are not a problem. Two alcohol related convictions of Class B or greater within ten years of application is evidence of a chemically dependent person, disqualifying them for a CHL.

You should be fine.

Chas.

Edited: The third MIP could well be a Class B, but it still takes two Class B alcohol related convictions to be a problem. Make sure you don't get another one! The Code reference is Tex. Alcoholic Beverage Code §§106.04 & 106.171.
Tex. Gov't Code §411.172(c) wrote:(c) An individual who has been convicted two times within
the 10-year period preceding the date on which the person applies
for a license of an offense of the grade of Class B misdemeanor or
greater that involves the use of alcohol or a controlled substance
as a statutory element of the offense is a chemically dependent
person for purposes of this section and is not qualified to receive
a license under this subchapter. This subsection does not preclude
the disqualification of an individual for being a chemically
dependent person if other evidence exists to show that the person is
a chemically dependent person.

KBCraig
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Re: Question about CHL eligibility

#3

Post by KBCraig »

LK2140 wrote:... during my 19th and 20th year...
Just for the sake of clarification: your 19th and 20th years were when you were 18 and 19 years old. (think about it: your first year of life ends when you turn 1 year old; during your second year, you're 1 year old).
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barres
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Re: Question about CHL eligibility

#4

Post by barres »

Charles L. Cotton wrote: Edited: The third MIP could well be a Class B, but it still takes two Class B alcohol related convictions to be a problem. Make sure you don't get another one! The Code reference is Tex. Alcoholic Beverage Code §§106.04 & 106.171.
But, if the third MIP was adjudicated as a Class B Misdemeanor at age 20, then the OP would be ineligible, as he stated that he is 24, now (5 years haven't passed, yet).
Remember, in a life-or-death situation, when seconds count, the police are only minutes away.

Barre
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Charles L. Cotton
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Re: Question about CHL eligibility

#5

Post by Charles L. Cotton »

barres wrote:
Charles L. Cotton wrote: Edited: The third MIP could well be a Class B, but it still takes two Class B alcohol related convictions to be a problem. Make sure you don't get another one! The Code reference is Tex. Alcoholic Beverage Code §§106.04 & 106.171.
But, if the third MIP was adjudicated as a Class B Misdemeanor at age 20, then the OP would be ineligible, as he stated that he is 24, now (5 years haven't passed, yet).
I agree. Depending on when the conviction occurred, if it was enhanced to a Class B, he could have anywhere from a few weeks to several months before he is eligible.

Chas.

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LK2140
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Re: Question about CHL eligibility

#6

Post by LK2140 »

barres wrote:
Charles L. Cotton wrote: Edited: The third MIP could well be a Class B, but it still takes two Class B alcohol related convictions to be a problem. Make sure you don't get another one! The Code reference is Tex. Alcoholic Beverage Code §§106.04 & 106.171.
But, if the third MIP was adjudicated as a Class B Misdemeanor at age 20, then the OP would be ineligible, as he stated that he is 24, now (5 years haven't passed, yet).

Yeah but wouldn't they let me know if it became a Class B Misdemeanor? I mean, I got those MIPs in 3 different counties and every time the judge asked if it was my first I said, "yes sir" to recieve a lesser punishment. Either they were to lazy to look the others up or just did not know??? Anyways, that was a long time ago, wouldn't they say something if it elevated to a Class B?
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Charles L. Cotton
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Re: Question about CHL eligibility

#7

Post by Charles L. Cotton »

LK2140 wrote:
barres wrote:
Charles L. Cotton wrote: Edited: The third MIP could well be a Class B, but it still takes two Class B alcohol related convictions to be a problem. Make sure you don't get another one! The Code reference is Tex. Alcoholic Beverage Code §§106.04 & 106.171.
But, if the third MIP was adjudicated as a Class B Misdemeanor at age 20, then the OP would be ineligible, as he stated that he is 24, now (5 years haven't passed, yet).

Yeah but wouldn't they let me know if it became a Class B Misdemeanor? I mean, I got those MIPs in 3 different counties and every time the judge asked if it was my first I said, "yes sir" to recieve a lesser punishment. Either they were to lazy to look the others up or just did not know??? Anyways, that was a long time ago, wouldn't they say something if it elevated to a Class B?
You need to get a copy of the disposition sheet for each of the charges. From what you say, they are probably all Class C. You might want to consider deleting your statement about what you said. :thumbs2:

Chas.

Winston33
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Re: Question about CHL eligibility

#8

Post by Winston33 »

Unless you were arrested for any of the MIPs, or the last one was elevated to a class B (which is very unlikely) you don't even have to list them on the application. I had two MIPs and a possession of a false ID, and I was also worried. So I called DPS and they told me to not even bother listing them on the application since I was never arrested. I wouldnt worry is my main point.
10/23/07 - Completed package mailed to DPS
10/26/07 - Package arrives at DPS
11/29/07 - Recieved PIN via usps
01/09/08 - Still waiting on "investigative report" for background check.
02/05/08 - Issued/Active - 101 days total
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