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Ok, so I took my CHL class today, went really well. I just am not sure if I can get approved for a CHL. Here's the story...

When I was 17 I got arrested at school for misdemeanor possession of marijuana. Got 3 days community service, and 6 months supervision, no problems. Then, about 8 months later, I got arrested again (yeah, I know), 2 Class A misdemeanors for marijuana and paraphernalia, and 2 felony counts for possession of pills w/out a script. Plead down to one felony count of Possession of a Legend Drug. The deal also included a provision that if I completed my one year of probation problem-free, I would get the charge reduced to one Class A misdemeanor on my record.

So basically, I've technically had a felony conviction, but my record only indicates the misdemeanor. I can legally purchase guns from an FFL, and have passed half a dozen background checks now.

Anyone have any thoughts on my approval/denial?

Thanks.

My thoughts, and IANAL, is that you have 2 Class A Misdemeanor drug convictions, unless the first one was vacated, expunged, or set aside after completion of your probation.

You don't say how long ago this was, but you need to be at least 10 years past your conviction date if you have more than 1 drug related conviction.

Make sure you have ALL your paperwork to send in with your application, especially anything showing the felony charges were reduced to misdemeanors.

Good luck to you!

The first offense was not (that I know of) a class A or B misdemeanor.

The first time was at least a class B misdemeanor, as that is the lowest charge for possession of marijuana. From your description, I am assuming you have one class B and one class A on your record right now. As I am reading the following section of the law, you will need to wait ten years from the second conviction date:

(c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. This subsection does not preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to show that the person is a chemically dependent person.

This would override the five year general limit on people convicted of a Class A misdemeanor.

Sorry, have to keep adding info again. The first offense was in IL, which according to my research, poss of less than 2.5 gms which is what it was, is a class C.

If I am not mistaken, the charge will be viewed as to what the equivalent is here in Texas, which would be a Class B.

Keymaster wrote:Sorry, have to keep adding info again. The first offense was in IL, which according to my research, poss of less than 2.5 gms which is what it was, is a class C.

Illinois has very liberal rules for having lower level misdemeanor convictions and arrests expunged. If you have a "some bucks" for a lawyer you could likely get an expungement. From my research on the issue, if you have an Illinois record expunged all the records of the arrest and conviction are physically destroyed. Illinois State law views the arrest as if it never happened, and for the conviction it is considered equivalent to a pardon.

Now if they can only get some rational gun laws up there...

Let us know how it turns out for you.

Not sure what county this happened in, but there is expungement information on the DuPage county clerk's website. I was thinking about going that route but it didn't end up being necessary.

Wow.
There seem to be a lot of us old DuPage County people here.
(I'm only speaking about myself when I say old!)
I also had issues from my teenage years.
I sought and received assistance from the clerks office in a timely fashion and found them to be very helpful in getting me the information I needed.
Expungement might be the best route.
Good Luck.