charged w/ felony; convicted of Class A misdemeanor (25 yrs)

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply
cheralyn
Junior Member
Posts: 2
Joined: Thu Mar 19, 2009 1:35 pm

charged w/ felony; convicted of Class A misdemeanor (25 yrs)

Post by cheralyn »

Hi, thanks for answering questions about legalities for CHL background checks. I was arrested and spent one night in jail, charged with a felony (theft), but convicted of a Class A misdemeanor, for which I did one year's probation.

I'm not certain if that would make me ineligible to obtain a CHL.

Also, while reading through other posts, I read about 'not having gaps' in past addresses. How far back do they want the addresses? I know my addresses for the past 15'ish years, but beyond that I did not keep records (all in Houston, except for almost one year in a neighboring city). If they want past addresses beyond 15 years, please suggest ideas on how to find our past addresses prior to the internet.

Thank you SO much!
LarryH
Senior Member
Posts: 1710
Joined: Sat Nov 03, 2007 9:55 pm
Location: Smith County

Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)

Post by LarryH »

Welcome to the forum.

Answers to the first question are found in GC (Government Code(?)) 411.172(a).

You have not been convicted of a felony, so that doesn't apply.

Your conviction of a Class A misdemeanor was more than 5 years ago (I assume that's the meaning of your parenthetical 25 yrs), so that doesn't apply.

If I remember correctly, they only ask for addresses for the last 5 years (maybe the last 10). I think I only had to report one address, so I'd bet on the last five. Either a CHL instructor, or someone who's filled out the form more recently than I, may have a better answer for that one.

Looks to me like you're good to go, assuming none of the other disqualifications in 411.172 apply. You will, I believe, need to report that arrest, with official paperwork about the final disposition, on the application.
User avatar
nitrogen
Senior Member
Posts: 2322
Joined: Wed Dec 21, 2005 1:15 pm
Location: Sachse, TX
Contact:

Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)

Post by nitrogen »

If the Class A was something domestic violence related, you'd be ineligible to own a firearm and therefore not eligible for a CHL. Other than that...
.השואה... לעולם לא עוד
Holocaust... Never Again.
Some people create their own storms and get upset when it rains.
--anonymous
CainA
Senior Member
Posts: 582
Joined: Mon Aug 11, 2008 8:25 pm
Location: Houston-Spring

Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)

Post by CainA »

Charged with, and convicted of, are two different things. And since you were convicted of a misdemenor and it's been >5 years, I think you're golden.

Larry beat me to it and so did nitro


-Cain
cheralyn
Junior Member
Posts: 2
Joined: Thu Mar 19, 2009 1:35 pm

Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)

Post by cheralyn »

Thanks for such quick responses!

@LarryH - yes, you are correct that the misdemeanor happened 25 years ago. I forgot to include that in the body since I had just put it into the subject, sorry.

@Nitrogen - no violence involved.

I'll order a disposition copy from the county clerk then, since there seems to be hope.

Thanks again!
frazzled

Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)

Post by frazzled »

Don't forget you need a certified copy from the court of the final adjudication of the action. Due to the length of time they may have archived it and will take longer to get a copy. The DPS will hold up your application while they wait for that so best to have it and send it with the application.
CainA
Senior Member
Posts: 582
Joined: Mon Aug 11, 2008 8:25 pm
Location: Houston-Spring

Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)

Post by CainA »

frazzled wrote:The DPS will hold up your application while they wait for that so best to have it and send it with the application.
I think holding up applications is SOP for DPS, but you gave good advice.

-Cain
frazzled

Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)

Post by frazzled »

CainA wrote:
frazzled wrote:The DPS will hold up your application while they wait for that so best to have it and send it with the application.
I think holding up applications is SOP for DPS, but you gave good advice.

-Cain
I had to get an item from the court that I didn't know about. They waited seven months and then informed me of this. :mad5 :mad5 :mad5 .
Post Reply

Return to “General Texas CHL Discussion”