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charged w/ felony; convicted of Class A misdemeanor (25 yrs)
Posted: Thu Mar 19, 2009 2:08 pm
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!
Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)
Posted: Thu Mar 19, 2009 2:17 pm
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.
Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)
Posted: Thu Mar 19, 2009 2:19 pm
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...
Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)
Posted: Thu Mar 19, 2009 2:20 pm
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
Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)
Posted: Thu Mar 19, 2009 2:40 pm
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!
Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)
Posted: Thu Mar 19, 2009 2:43 pm
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.
Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)
Posted: Thu Mar 19, 2009 2:53 pm
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
Re: charged w/ felony; convicted of Class A misdemeanor (25 yrs)
Posted: Fri Mar 20, 2009 6:08 am
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.

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