Class B Misdemeanor

[Rick343]

I just got a call from a potential client wanting to know if he can get a CHL with a class B misdemeanor conviction for maryjane in 2000 and 1998. The 2000 conviction was probation for 2 years and was let off in 4 months, with 250 hrs of community service which was waived. The 1998 conviction led to a 6 month probation for the same offence. I have read the law and don't understand some of it. The question is : Can he get a CHL with convictions that happened 11 years ago.

[MoJo]

Simple answer yes. Complicated answer maybe not - - - two convictions for MJ, alcohol, etc. in a ten year period may have him listed as a "Chemically Dependant Person" thereby barring him for life. He needs to consult an attorney.

[Justin Franklin]

Simple answer yes. Complicated answer maybe not - - - two convictions for MJ, alcohol, etc. in a ten year period may have him listed as a "Chemically Dependant Person" thereby barring him for life. He needs to consult an attorney.

I had to read this section a couple times, but it clearly states "the 10-year period". If it would have read "A 10-year period", then your example would be disqualification. However, both Class B's were more than 10 years ago and the person in question here should be eligible providing they meet all the other criteria. Even if the last Class B was in late December of 2000, the first was in 1998 and is outside of the 10-year parameter.

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.

Scary how one little word can change your life forever!

[Crossfire]

Simple answer yes. Complicated answer maybe not - - - two convictions for MJ, alcohol, etc. in a ten year period may have him listed as a "Chemically Dependant Person" thereby barring him for life. He needs to consult an attorney.

Ineligible for 10 years from the date of the first conviction - not life. Check GC 411.172, Page 5 in the CHL-16

[Rick343]

Thanks so much for all of your imputs. I know the way laws are written that sometimes they have to read many times before they are understood.

Thanks everyone.