resisting arrest

[timm]

CHL Texas question.


Back in December 1997 I was charged with resisting arrest with about 15 other people. I went to a lawyer that suggested I do the deferred adjudication which I did and it was to be taken of my record. Now that I’m putting in my application I see that deferred adjudication is conceder convection unless its been 10 years before I put in application. . My recorded was not cleared from the courts till November 1 1999. Will they use the date I was arrested or the date my proceedings were dismissed? I was just wondering if anyone understands the law of class A misdemeanor and how it will impact my CHL application. I dont. understand the law less then 5 years for class a or b misdemeanor. Then another part says deferred adjudication it has to be no less then 10 years. Can one help me on this.

Thanks
Tim

[seamusTX]

The relevant law in your case is

GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor

Put the date of arrest on your application, include documentation of the disposition of the case, and you're good to go.

The ten-year limit applies to multiple drug or alcohol-related offenses.

- Jim

[timm]

Thank you very much.

[seamusTX]

You're welcome.

It never occured to me that you could charged with resisting arrest and not be charged with the offense for which you were arrested. It smacks of Catch-22.

- Jim

[phddan]

Hey timm,
Welcome to the board. I'm 4barbwire on the other board.
Told you there are some right smart people over here.

Dan

[seamusTX]

Told you there are some right smart people over here. Dan

Where?

- Jim

[phddan]

Told you there are some right smart people over here. Dan

Where?

- Jim

And humble too.

Dan

[Crossfire]

The "10 years after a deferred adjudication" refers to non-violent felonies.

Your Class A misdemeanor will make you ineligible for 5 years from the date of the conviction, regardless of probation or deferred adjudication. So, if your date of conviction was more than 5 years ago, you are good to go.

And, as Seamus said, be sure to get certified copies of the disposition of your case. Good luck to you!

[timm]

Thanks everyone!

Tim