Background question

[tj2134]

In 1994 I was arrested for Burglary of a habitation and received deferred adjudication. I got five years probation, and was off in three. Can I get a CHL? If I went and tried to buy a firearm would I be able, or would I get rejected? My court paperwork states " That the best interests of the defendant and society will be served by the early termination of defendant's probationary period and the Court has not proceeded to an adjudication of guilt during that time period;
"The defendant be discharged according to law." This was a bogus arrest. I will not go into details, but my family and I could not pay for a lawyer at that time and had to go with a court appointed one. I was 18 at the time. I had never been in any touble with the law before or since. I was in the Marines for four years and they trusted with a weapon. Will the state? I will be very thankful for any help that anyone can give.

[Crossfire]

You should be eligible for a CHL, depending on your date of conviction.

Class A or Class B misdemeanors make you ineligible for 5 years from the date of conviction.

Deferred adjudication for a felony offense (other than murder, robbery, kidnapping, assault, or sexual assault) make you ineligible for 10 years from the date of the conviction.

If your order of deferred adjudication was entered before 1998, looks like you are good to go.

[Pinkycatcher]

You should be eligible for a CHL, depending on your date of conviction.

Class A or Class B misdemeanors make you ineligible for 5 years from the date of conviction.

Deferred adjudication for a felony offense (other than murder, robbery, kidnapping, assault, or sexual assault) make you ineligible for 10 years from the date of the conviction.

If your order of deferred adjudication was entered before 1998, looks like you are good to go.

From the date when you go to the judge/jury and they say guilty? That's the conviction correct? Not when you end your sentence? Sorry to bring up an old(er) thread it just seemed like the best place.

[Crossfire]

Yes, that is correct.

[Pinkycatcher]

Yes, that is correct.

Thanks

[KBCraig]

Burglary is always a felony (PC 30.02(c)), of at least state jail level. Burglary of a habitation is always either second degree or first degree, depending on whether the burglar intended to, or attempted to, commit another felony besides felony theft.

Even if you're past the reckoning period as far as the State of Texas is concerned, you will always be a prohibited person from the feds' point of view. No guns, not even so much as a single round of ammunition.

Sorry.

[tj2134]

Ok folks I need a little help here. A couple of yall say I am good to go on getting my permit. And then I read I can't. I would like to know if anyone know a attorney in the Houston area that can anwser this for me? I don't see why the DPS says you can only to have the feds say no. But then again maybe they just want you to send in your money so they can say no. Please help.

[Crossfire]

Charles Cotton is a Houston area attorney. Perhaps you should try sending him a PM.

[tj2134]

Just so everyone know it came in the mail about a week ago!