Search found 2 matches

by RoyGBiv
Tue Jul 23, 2019 10:25 pm
Forum: New to CHL?
Topic: Question about Deferred Adjudication I got in 1995
Replies: 14
Views: 18829

Re: Question about Deferred Adjudication I got in 1995

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.
by RoyGBiv
Tue Jul 23, 2019 9:54 pm
Forum: New to CHL?
Topic: Question about Deferred Adjudication I got in 1995
Replies: 14
Views: 18829

Re: Question about Deferred Adjudication I got in 1995

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.

Return to “Question about Deferred Adjudication I got in 1995”