State Jail Felony deferred

[bigpappa77]

I pled guilty to a state jail felony charge in 2007 and was sentence to 3 years probation. The agreement was that I serve the 3 years of probation and when I finished the charge would be dismissed. When the trucking companies do a bacdkground check it shows that I pled guilty but there is no conviction and the sentencing shows as 3 years probation. I completed all of my court obligations and community service within the first year and was granted early dismissal by the judge at the on year mark. Not sure if that makes a difference.

I really want my CHL as I have one in Florida that expires next year 11/09. This was the only thing that ever has happened to me and have never been arrested before and can guarrantee that it will never happen again.

What are my chances of getting a CHL?

Regards.

BigPappa

[boomerang]

IANAL but I think you're out of luck in Texas until 2018.

"Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision.

Section 411.1711 provides an exception for deferred adjudication for some offenses after ten years after the final disposition.

[bigpappa77]

So who would I have to talk to in order to get a clear understanding of my situation? What type of lawyer? Criminal? I I thought I would be ok as long as I didn't get a conviction which was what I was fighting for. Argh.

[Charles L. Cotton]

If this was in Texas, you may be eligible at the 10 year mark, but it depends on how the judge entered the order. If you entered a guilty plea, but the judge did not make a docket entry of "guilt," then you probably received deferred adjudication. If this happened outside of Texas, then there is a good chance the judge made a docket sheet entry of "guilty," and that is not a deferred adjudication in Texas, so you would not be eligible. Texas is unusual in that the mere entry of "guilty" on the docket sheet, which is common in other states, means it is a conviction and not a deferred adjudication, even if the other state calls it deferred adjudication.

Chas.

[bigpappa77]

This did happen in Texas. I have to run a background check on myself to check what was entered.

[bigpappa77]

Just checking to see if anyone can help me with this question. Knowing what my situation is and probably having to wait 10 years before I qualify for the Texas CHL can I get the Utah CFP and carry here in Texas?

Thanks to anyone who can help me.

[Crossfire]

It depends on what the charge was, and whether Utah considers it a felony. The good thing about Utah is, you can call and ask to speak to one of the investigators and they will tell you.

Here is the info: http://publicsafety.utah.gov/bci/FAQ.html#3" onclick="window.open(this.href);return false;