I received deferred adjudication Probation in 90's

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paf1973
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I received deferred adjudication Probation in 90's

#1

Post by paf1973 » Tue Jan 31, 2017 6:46 pm

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?


ninjabread
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Re: I received deferred adjudication Probation in 90's

#2

Post by ninjabread » Tue Jan 31, 2017 6:59 pm

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).
This is my opinion. There are many like it, but this one is mine.


jimd1981
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Re: I received deferred adjudication Probation in 90's

#3

Post by jimd1981 » Tue Jan 31, 2017 7:00 pm

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 :lol::
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infoman
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Re: I received deferred adjudication Probation in 90's

#4

Post by infoman » Fri Feb 10, 2017 4:30 am

Yes you're ok on that. (in plain English)

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