I haved searched many of the topics regarding disqualifications, and would like to ask if my case would be the same...
I am now 26 years old and when i was 19 i screwed up. I was charged with credit/ debit card abuse, and theft from a person, both state jail felonies. I was sentenced 4 years of Deferred Adjudication probation and completed all aspects of it. I was subsequently discharged and sent paper work stating that the charges were marked DMDA this was explained to me by the judge as Dismissed Deferred Adjudication and holding NO Conviction status. However as i read the amendments to the Texas Gov’t. Code § 411.172 ....it looks as though i am a "Convict" without calling me a convict...now granted i did the crime and as asked, I did the time, does this now prohibit me from getting the CHL? Being that it was Marked "DMDA" does this enable or disable me from getting a CHL. I made mistakes as any other teenager has, most have done worse than i had, however i did the "time" that was prescribed to have my case dismissed, being i lived up to my end of the bargain shouldnt the state live up to theirs and clear my name of conviction as the CHL licensers see it??? please help me out on this, i am a law abiding citizen in every way and have worked to get to where I am, I would just like to get on with my life and move away from the mistakes i made as an adolescent...Thank you for your help in this matter. Have a Great Day!!
am i disqualified?
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Re: am i disqualified?
You are not permanently disqualified as you would have been until recently. Now, deferrals on non-violent felonies are disqualifying for 10 years. Here is the provision in the Government Code.
Chas.
[quote="Gov't Code" 411.1711"]
§ 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 an offense
under Title 5, Penal Code, or Chapter 29, Penal Code.[/quote]
Chas.
[quote="Gov't Code" 411.1711"]
§ 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 an offense
under Title 5, Penal Code, or Chapter 29, Penal Code.[/quote]
Re: am i disqualified?
ok, so since i was placed on Deferred Adjudication on 11-26-01 i can apply for my chl on 11-26-11 correct? Thanks for your help!! also since my DA was only for 4 years, and i am able to have it expunged after 5 years from the date i was dismissed from probation, then could i get the CHL after i get the record expunged?? it would only be a year earlier, but hey at least its a year earlier!! lol
Re: am i disqualified?
yes you wouldraw3nvy wrote:I haved searched many of the topics regarding disqualifications, and would like to ask if my case would be the same...
I am now 26 years old and when i was 19 i screwed up. I was charged with credit/ debit card abuse, and theft from a person, both state jail felonies. I was sentenced 4 years of Deferred Adjudication probation and completed all aspects of it. I was subsequently discharged and sent paper work stating that the charges were marked DMDA this was explained to me by the judge as Dismissed Deferred Adjudication and holding NO Conviction status. However as i read the amendments to the Texas Gov’t. Code § 411.172 ....it looks as though i am a "Convict" without calling me a convict...now granted i did the crime and as asked, I did the time, does this now prohibit me from getting the CHL? Being that it was Marked "DMDA" does this enable or disable me from getting a CHL. I made mistakes as any other teenager has, most have done worse than i had, however i did the "time" that was prescribed to have my case dismissed, being i lived up to my end of the bargain shouldnt the state live up to theirs and clear my name of conviction as the CHL licensers see it??? please help me out on this, i am a law abiding citizen in every way and have worked to get to where I am, I would just like to get on with my life and move away from the mistakes i made as an adolescent...Thank you for your help in this matter. Have a Great Day!!