Background Check....

CHL discussions that do not fit into more specific topics

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D_hardy
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Joined: Sat Mar 16, 2013 11:53 pm

Background Check....

#1

Post by D_hardy »

New to the site and was looking for some help! I have a state jail felony for theft from when I had just turned 17 and was a stupid kid. I received deferred disposition and the final disposition was 1/9/03 with probation completed. I was skeptical about being eligible from reading the different penal codes about how deferred still meant conviction with regards to a chl. It does not show a conviction on my record at all but it does show indictment. I emailed back and forth with a
Tammie Phillips - Investigator II, Eligibility Evaluation Unit Texas Department of Public Safety Regulatory Services Division. She told me I would be eligible after 1/9/13 so I went ahead and completed my class, app and all the other paperwork. Now I just have this terrible feeling that I am not eligible and wasnt sure if anyone else had any experience with this. Thanks for any help and sorry if I put this in the wrong section!
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Gat0rs
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Re: Background Check....

#2

Post by Gat0rs »

Here is the deal, a deferred adjudication over 10 years old is not considered a "conviction" (and thus a nothing) unless your offense was a felony under Title 5, Chapter 29, Section 25.07, or Section 30.02 of the Texas penal code or a similar violation under the rules of another state.
Title 5 is offenses against a person (i.e., rape, murder, kidnapping, etc...). Chapter 29 is robbery. Section 25.07 is is violation of a protective order (you violated restraining order) and Section 30.02 is Burglary. Unless you were deferred adjudication for one of these offenses, you are not considered "convicted" after 10 years.

See definition of conviction under texas chl eligibility laws.
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PSTL*PAKR
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Re: Background Check....

#3

Post by PSTL*PAKR »

D_hardy- I also had a felony theft case :banghead: that I was arrested on and given deferred. I was also released in 2003. In Aug of 2012 I applied for my CHL and got it with no problems...Hope this makes you feel better, because I also felt the same way you are feeling...
Took class 8/11/12 -Applied online/finger prints/mailed 8/15/12-Received in Austin 8/17/12-Background under review 8/31/12-
Background complete/mfg. pending 10/09/12--MFG 10/10/12-MAILED 10/11/12--Received 10/18/12!!!

Topic author
D_hardy
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Posts in topic: 2
Posts: 16
Joined: Sat Mar 16, 2013 11:53 pm

Re: Background Check....

#4

Post by D_hardy »

Thanks fellas, I will sleep a little easier. Sent my packet on 3/1 and haven't had any status change so I started to think about it all too much. Then I found the waiting room and feel a little better about my wait time. Thanks again for the replies :txflag:
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