The end of the road.

[Gambit]

Well Ladies and gents,

Alot of you do not notice me, I lurk alot and rarely post. However, I feel the need to now.

A long time ago (20 something odd years ago) I was a very gullible and stupid kid; On one of my escapades with friends someone had the bright idea of playing a prank on one of our schoolmates. We all went to his house and we were going to "get" something from his house to hang on his car antennae. Well as fate would have it the schoolmates father was home and did not think it was funny. I was charged with burglary of habitation and defferred ajudicated. Fast forward 4 years later the Judge granted me early dimissal. I do not so much as even have a speeding ticket till now. I applied for a CHL 2006, in the year prior (2005) the Texas Legislature in all its wisdom amended GC 411.1711 with HB1831.

GC § 41 1 . I 711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411 .I 71, 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 an offense under Title
5, Penal Code, or Chapter 29, Penal Code.

Last year there was an amendment to GC 411.1711 to add the highlighted text below

GC § 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
4 GC §411.172. TEXAS CONCEALED HANDGUN LAWS
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, 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).

I did not realize that took my right to carry away; I already paid for the class and the renwal fee. Needless to say I am REALLY saddend and a little depressed. Not because of the money but bummed out because I have lost my way of defending my self and my loved ones. Because of a really moronic descision I made; I guess I made my bed now Im gonna sleep in it. And I hope noone makes a descision you cant correct later. Some people make mistakes that can be corrected some cant. Im not asking for sympathy I just wanted to get it off my chest to someone thank you for reading.

[WildBill]

It may the not be "the end of the road." IMO, twenty years is too long to pay for such a mistake. ANAL, but I would consult with one to see if you can get your conviction expunged. That may clear you for getting a CHL.

[sjfcontrol]

What exactly were you charged with, and were you a juvenile at the time of the trial?

[Gambit]

I was charged with Burglary of Habitation. Penal Code 30.02
And No unfortunatly I was in my late teens.

To add insult to injury I came home this evening to see a denial letter, AND they revoked it too I have to send in my license in ten days.

[Gambit]

It may the not be "the end of the road." IMO, twenty years is too long to pay for such a mistake. ANAL, but I would consult with one to see if you can get your conviction expunged. That may clear you for getting a CHL.

Thank you Wildbill. I hear expungements/Sealed records are as common as unicorns.

[sjfcontrol]

If it's important to you, I'd talk to a lawyer to see if anything could be done.

[Gambit]

If it's important to you, I'd talk to a lawyer to see if anything could be done.

Does anyone here recommend a REALLY GOOD one?

Sometime back I was asking around to expunge/seal the record, the lawyer i spoke with said, if not done correctly the chance can be squanderd. any lawyers here specialize in this type of issues??

Edited to add:
I may yet have some recourse; Now I need to know if "Sealed"="Order of Non-disclosure"

Thanks for all the advice fellas.

(4) "Convicted" means an adjudication of guilt or, except as provided
in Section 411.1711, an order of deferred adjudication entered against
a person by a court of competent jurisdiction whether or not the imposition
of the sentence is subsequently probated and the person is discharged
from community supervision. The term does not include an adjudication
of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged;
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided,
or sealed under any state or federal law.

[AJSully421]

Sorry Bro.

I have great news though. If you still have your Texas TR-100 form and an extra $117 you are 100% eligible for a Florida license that allows you to carry in Texas.

OR

You can see Linda at Crossfire training and get a Utah license for a little more than that (and you will have to take another class), this will also allow you to carry in Texas.

A deferred adjudication is a tricky deal in Texas, basically there is NOTHING that you can do to get a Texas CHL because you broke that one section of 30.02. and as far as I have been told, even an order of non-disclosure is not good enough and you do not qualify for the "sealed" or "expunged" *** I WAS WRONG - see my post on page 2. loop hole because you were never CONVICTED of anything according to the CCP, but you are according to 411.1711.

[Gambit]

Sorry Bro.

I have great news though. If you still have your Texas TR-100 form and an extra $117 you are 100% eligible for a Florida license that allows you to carry in Texas.

OR

You can see Linda at Crossfire training and get a Utah license for a little more than that (and you will have to take another class), this will also allow you to carry in Texas.

A deferred adjudication is a tricky deal in Texas, basically there is NOTHING that you can do to get a Texas CHL because you broke that one section of 30.02. and as far as I have been told, even an order of non-disclosure is not good enough and you do not qualify for the "sealed" or "expunged" loop hole because you were never CONVICTED of anything according to the CCP, only according to 411.1711.

I have sent the TR-100 to DPS already I wonder if they can give me a copy?

[Teamless]

I have sent the TR-100 to DPS already I wonder if they can give me a copy?

Your Renewal Instructor should have a copy and should be able to copy that, and get it to you.

[WildBill]

It may the not be "the end of the road." IMO, twenty years is too long to pay for such a mistake. ANAL, but I would consult with one to see if you can get your conviction expunged. That may clear you for getting a CHL.

Thank you Wildbill. I hear expungements/Sealed records are as common as unicorns.

Maybe a pardon is that rare, but expungements/sealed records are not as difficult. As you posted, get an attorney who is experienced who will not "squander" the chance. Ask the attorney the right questions specific to your case. Many people who don't are unhappy with the results if they have false or unreasonable expectations. You may even consider finding an attorney who can talk directly to the DPS lawyers to see if an expungement is the right way to proceed or if anything can be done. Don't give up until you explore all of your legal options. ANAL, etc.

[AJSully421]

Sorry Bro.

I have great news though. If you still have your Texas TR-100 form and an extra $117 you are 100% eligible for a Florida license that allows you to carry in Texas.

OR

You can see Linda at Crossfire training and get a Utah license for a little more than that (and you will have to take another class), this will also allow you to carry in Texas.

A deferred adjudication is a tricky deal in Texas, basically there is NOTHING that you can do to get a Texas CHL because you broke that one section of 30.02. and as far as I have been told, even an order of non-disclosure is not good enough and you do not qualify for the "sealed" or "expunged" loop hole because you were never CONVICTED of anything according to the CCP, only according to 411.1711.

I have sent the TR-100 to DPS already I wonder if they can give me a copy?

You should have one of the carbon copies (you were given one, it is just a matter of what you did with it) that is all that florida will need... just a photo copy of that carbon copy.

[glbedd53]

I know a real good one in Brazoria County, but I don't know where you are.

[Gambit]

Well Ladies and Gentlemen;

Thank you for all your help and input. I applied for the Florida Concealed Weapons Permit (CWL) and mailed it On August the 4th and Recieved the License Last Saturday August the 28th. I can carry now although I plan to Seal my record and also apply for the Texas One.

What surprised me is how quickly the turn around is for the Florida CHL. Just shy of 3 weeks (17 working Days) turn around including transit time!


Thank you for all the support and assistance from everyone.

And thank you Charles for all the insight and asisstance. You are a Scholar and a Gentlmen in every sense of the quote.

Gambit

[Gambit]

Sorry Bro.

I have great news though. If you still have your Texas TR-100 form and an extra $117 you are 100% eligible for a Florida license that allows you to carry in Texas.

OR

You can see Linda at Crossfire training and get a Utah license for a little more than that (and you will have to take another class), this will also allow you to carry in Texas.

A deferred adjudication is a tricky deal in Texas, basically there is NOTHING that you can do to get a Texas CHL because you broke that one section of 30.02. and as far as I have been told, even an order of non-disclosure is not good enough and you do not qualify for the "sealed" or "expunged" loop hole because you were never CONVICTED of anything according to the CCP, only according to 411.1711.

And thanks to You AJ with the Florida Idea!