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I received deferred adjudication Probation in 90's
Posted: Tue Jan 31, 2017 6:46 pm
by paf1973
I received deferred adjudication probation in the 90's for a 3rd degree felony forgery. I have a copy of the dismissal from the court. Will I be eligible to get a LTC in texas?
Re: I received deferred adjudication Probation in 90's
Posted: Tue Jan 31, 2017 6:59 pm
by ninjabread
Forgery is under Chapter 32 so I think you're eligile after 10 years. IANAL
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).
Re: I received deferred adjudication Probation in 90's
Posted: Tue Jan 31, 2017 7:00 pm
by jimd1981
You may be in luck. Texas PC defines Forgery under Title 7, Section 32.
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 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).
So this particular issue is not disqualifying, as you completed your deferred adjudication over 10 years ago.
EDIT: Wow! 1 minute behind! Looks like we have consensus, though
Re: I received deferred adjudication Probation in 90's
Posted: Fri Feb 10, 2017 4:30 am
by infoman
Yes you're ok on that. (in plain English)