Search found 5 matches

by 03Lightningrocks
Wed Jul 24, 2019 12:49 pm
Forum: New to CHL?
Topic: Question about Deferred Adjudication I got in 1995
Replies: 14
Views: 11785

Re: Question about Deferred Adjudication I got in 1995

As has been mentioned already, this is definitely something to speak with an attorney about. Doing the wrong thing could make things worse. Good luck to you with it all.

I do think the rules for a deferred are something that need changed. If the court system deems something as adjudicated, it seems a bit odd that the state over rides it and restricts your rights.
by 03Lightningrocks
Tue Jul 23, 2019 10:47 pm
Forum: New to CHL?
Topic: Question about Deferred Adjudication I got in 1995
Replies: 14
Views: 11785

Re: Question about Deferred Adjudication I got in 1995

RoyGBiv wrote:
Tue Jul 23, 2019 10:25 pm
03Lightningrocks wrote:
Tue Jul 23, 2019 9:59 pm
RoyGBiv wrote:
Tue Jul 23, 2019 9:54 pm
I'm not a lawyer, this is just my opinion.

Deferred adjudication is treated as a conviction for LTC eligibility.
Burglary of a habitation, if convicted, would be a felony.
Any felony is a permanent disqualification for LTC.
That is incorrect. A deferred adjudication is not a felony conviction. LTC has a ten year wait period for a deferred adjudication.

Sec. 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).
Maybe you should read 30.02?

Peace.
I see what your saying now. Well then I am no longer sure. I had not looked up 30.02. Looks like a burglary is forever. If I read it correctly.
by 03Lightningrocks
Tue Jul 23, 2019 10:19 pm
Forum: New to CHL?
Topic: Question about Deferred Adjudication I got in 1995
Replies: 14
Views: 11785

Re: Question about Deferred Adjudication I got in 1995

Eric 12 wrote:
Tue Jul 23, 2019 10:14 pm
I did not post it on my application I could not remember the date and when I did a criminal history search it never came up. The lawyer I had at the time I was charged told me if I finish the Deferred adjudication and get no other charges while on it when I finished it would be off my record. I have received multiple security clearances and a confidential security clearance for recent jobs I had and never had issues. And was told it shouldn't be an issue because it was so long ago. I should have posted it anyway bad decision on my part
Unfortunately many lawyers give the impression a deferred will be off the record. Truth is, it will be there until you file a non-disclosure order. That is a lawyer thing so I don't know the process. But I believe you have to wait five years.

I would bet money you were denied because they saw the arrest and you had not listed it. Had you listed it and gotten them the court order showing the deferred, I bet it would have been approved. I am not sure what you can do now that you were denied. Maybe someone will post up better advice.
by 03Lightningrocks
Tue Jul 23, 2019 9:59 pm
Forum: New to CHL?
Topic: Question about Deferred Adjudication I got in 1995
Replies: 14
Views: 11785

Re: Question about Deferred Adjudication I got in 1995

RoyGBiv wrote:
Tue Jul 23, 2019 9:54 pm
I'm not a lawyer, this is just my opinion.

Deferred adjudication is treated as a conviction for LTC eligibility.
Burglary of a habitation, if convicted, would be a felony.
Any felony is a permanent disqualification for LTC.
That is incorrect. A deferred adjudication is not a felony conviction. LTC has a ten year wait period for a deferred adjudication.

Sec. 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).
by 03Lightningrocks
Tue Jul 23, 2019 9:41 pm
Forum: New to CHL?
Topic: Question about Deferred Adjudication I got in 1995
Replies: 14
Views: 11785

Re: Question about Deferred Adjudication I got in 1995

Eric 12 wrote:
Tue Jul 23, 2019 9:24 pm
I'm 42 and applied for my LTC about a month ago just received a denial letter because of a conviction I got back in December 1995 for burglary of a habitation and was placed on deferred adjudication I was 18 at the time and finished probation and community service. I called DPS and asked if there was a way I could get it removed from my record would that make a difference. They told me I could appeal the decision. I would appreciate any suggestions on my options.
It can be expunged but law enforcement will still see it there. I believe the wait time from a deferred adjudication for LTC purposes is 10 years so you are past that point. Did you list it on your paperwork? You are required to do so and that may be part of the denial.

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