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(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

Keith B wrote:Unfortunately a Disorderly Conduct charge is the one Class C that will get your CHL revoked. See GC §411.172 (8)

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

TXSailor808 wrote:

Keith B wrote:Unfortunately a Disorderly Conduct charge is the one Class C that will get your CHL revoked. See GC §411.172 (8)

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

All that for saying what the heck in public... odd that dps hasn't sent anything yet. Is it an automatic thing? Or is there something I'm supposed to do?

TXSailor808 wrote:

Keith B wrote:Unfortunately a Disorderly Conduct charge is the one Class C that will get your CHL revoked. See GC §411.172 (8)

(8) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code;

All that for saying what the heck in public... odd that dps hasn't sent anything yet. Is it an automatic thing? Or is there something I'm supposed to do?

BrianSW99 wrote:It may be best for you to voluntarily surrender your license to avoid revocation and then go the out of state route. If they revoke your CHL, there's an additional 2 year penalty on top of the 5 you already get for the Disorderly Conduct charge.

couzin wrote:Agree - there is more to this story I betcha! Plus - should this forum be suggesting to a first time poster how to circumvent the loss of a Texas CHL because of a chargeable offense under Texas codes by going to an out of state license/permit?

JustMe wrote:I'm confused then about deferred adjudication. My understanding was that if you fulfilled the time period of deferred adjudication-then it was as if it never happened. I know that is how it is with speeding tickets anyway.

Sec. 411.171
(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;

(B) 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.

Sec. 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:

(1) a felony offense under:

(A) Title 5, Penal Code;

(B) Chapter 29, Penal Code;

(C) Section 25.07, Penal Code; or

(D) Section 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or

(2) an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense listed in Subdivision (1).

Added by Acts 2005, 79th Leg., Ch. 1084, Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.01, eff. September 1, 2009.