Legal Question; Charge Deferred

[parisite]

I'm an avid handgun target shooter and reloader and have had my Texas CHL for several years.

Last year I got arrested for Unlawful Carry of a Weapon (UCW). The judge gave me deferred adjudication and 9 months probation.
After that the charge will be dismissed and dropped. After this is behind me, can I obtain my CHL license back?

Thanks for any help.

[duckhead]

I think deferred adjudication is considered a conviction for ten years.

[parisite]

I sincerely hope not.

Thanks for responding however.

[JJVP]

I sincerely hope not.

Thanks for responding however.

Same as convicted.

GC §411.171. DEFINITIONS. In this subchapter:


(4) "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. The term does not include
an adjudication of guilt or an order of deferred adjudication that
has been subsequently:
(A) expunged;
(8) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, voided,
or sealed under any state or federal law

[parisite]

Yes, same as convicted only during the time it is deferred, isn't it?

After that the charge will be dismissed and dropped.

[Barbi Q]

You plead guilty (or no contest) so it's fair that deferred adjudication counts as a conviction for CHL purposes but I think the misdemeanor conviction only disqualifies you for five years.

[Barbi Q]

Yes, same as convicted only during the time it is deferred, isn't it?

After that the charge will be dismissed and dropped.

No. JJVP's quote references 411.1711 which says deferred adjudication is the same as a conviction for ten years for CHL applicants.

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.

[2up1down]

Yes, same as convicted only during the time it is deferred, isn't it?

After that the charge will be dismissed and dropped.

you are going to seek expungment?

INAL but my understanding is that the expungment or pardon process is the only thing that is going to make your deffered adjudication conviction actually dissappear.

[Charles L. Cotton]

A deferred adjudication is a conviction. If the offense was a non-violent felony, it is not considered a conviction after 10 years.

Based upon what you describe, you may be able to get your CHL back shortly after the deferred is completed. I say this based upon a change in the statue in 2009. It will depend upon how the court enters the dismissal order. Call me at my office and I'll give you more information. 713-228-0700.

Was the offense a felony or misdemeanor?

Chas.

[parisite]

It was a misdemeanor sir.

[Charles L. Cotton]

It was a misdemeanor sir.

Give me a call tomorrow.

Chas.

[srothstein]

Last year I got arrested for Unlawful Carry of a Weapon (UCW). The judge gave me deferred adjudication and 9 months probation.

If it is not too personal or embarrassing, could you give us a few details on the arrest. I am personally curious, and I am sure a few others here are also, but how can a person with a CHL be arrested for unlawfully carrying in Texas and not one of the other charges such as carrying where prohibited, etc. If your use of the UCW charge was not just shorthand for one of the other violations but actually violation of 46.02, it would illuminate some debated points for us.

[gigag04]

Last year I got arrested for Unlawful Carry of a Weapon (UCW). The judge gave me deferred adjudication and 9 months probation.

If it is not too personal or embarrassing, could you give us a few details on the arrest. I am personally curious, and I am sure a few others here are also, but how can a person with a CHL be arrested for unlawfully carrying in Texas and not one of the other charges such as carrying where prohibited, etc. If your use of the UCW charge was not just shorthand for one of the other violations but actually violation of 46.02, it would illuminate some debated points for us.

THIS.

[cbr600]

I'm also curious what's the trick to prevent deferred adjudication being counted as a conviction. I hope I never need it but forewarned is forearmed.