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New here, general question

Posted: Sun Dec 15, 2013 7:33 pm
by Fry86
Hey yall, Im new here, but not to Texas, guns, or the CHL world. But I have a question. In (I believe 09) I was convicted of a class B misdemeanor, the exact charge was theft over 50 under 500. Long story but I took the fall for my at the time current gf. Now here is my question, I was looking all over the web today after I bought a new pistol to see if the law has changed. I took the class in 09 as well with said gf, but never got to send my paperwork in and I knew that the law says something about 5 years after the date of your probation was completed, I completed in late 11 I again, I think. But in my reading tonight, I have wondered if I am eligible. Here is the site that is confusing me http://www.texasselfdefense.org/chleligibility.htm" onclick="window.open(this.href);return false; Any help would be greatly appreciated. I really want a CHL and will do what I can to get one. Thank you in advance.

Re: New here, general question

Posted: Sun Dec 15, 2013 7:44 pm
by C-dub
Welcome to the forum.

I'm not one of the better legal eagles around here, but I don't think you are eligible yet. #8 there seems to make that pretty clear. Plus, that 5 year clock will start at the end or completion of whatever sentence that was handed down. And just as a side note, I think #1 is no longer correct.

Re: New here, general question

Posted: Sun Dec 15, 2013 8:21 pm
by RoyGBiv
5 years from date the CONVICTION was entered against you.
GC ยง411.172. ELIGIBILITY.
(8) has not, in the five years preceding the date of application, been
convicted of a Class A or Class B misdemeanor or equivalent offense or of
an offense under Section 42.01, Penal Code, or equivalent offense;
What was the exact date of your conviction?
Forget about probation dates.

I am not a lawyer. This is not legal advice, just my opinion.

Re: New here, general question

Posted: Sun Dec 15, 2013 10:00 pm
by Fry86
From what I found online it looks like june of 09

Re: New here, general question

Posted: Sun Dec 15, 2013 10:03 pm
by RoyGBiv
Fry86 wrote:From what I found online it looks like june of 09
So, you should be eligible again June '14.

Might want to double check me on that... but I believe it's based on conviction date.

Re: New here, general question

Posted: Mon Dec 16, 2013 6:27 am
by Jumping Frog
Yep, conviction date. Eligible June 2014.

Re: New here, general question

Posted: Mon Dec 16, 2013 7:56 am
by C-dub
I had a feeling I was going to get something wrong. Didn't know it was going to be that one. Why is it the conviction date for something like this and then after the completion of the sentence for others? It is, right?

Re: New here, general question

Posted: Mon Dec 16, 2013 9:08 am
by RoyGBiv
C-dub wrote:I had a feeling I was going to get something wrong. Didn't know it was going to be that one. Why is it the conviction date for something like this and then after the completion of the sentence for others? It is, right?
No... not that I'm aware of...
To my recollection, eligibility following misdemeanors is always based on conviction date.

There are exceptions for things like patterns of substance abuse and domestic violence, but for a one-time misdemeanor that's not DV-related, I believe it's always based on conviction date... If I'm wrong, somebody will be along shortly to correct me. ;-)

Re: New here, general question

Posted: Tue Dec 17, 2013 9:26 pm
by Fry86
RoyGBiv wrote:
C-dub wrote:I had a feeling I was going to get something wrong. Didn't know it was going to be that one. Why is it the conviction date for something like this and then after the completion of the sentence for others? It is, right?
No... not that I'm aware of...
To my recollection, eligibility following misdemeanors is always based on conviction date.

There are exceptions for things like patterns of substance abuse and domestic violence, but for a one-time misdemeanor that's not DV-related, I believe it's always based on conviction date... If I'm wrong, somebody will be along shortly to correct me. ;-)
Thank you.

Re: New here, general question

Posted: Tue Dec 17, 2013 9:37 pm
by nightmare
Maybe the confusion comes into play when adjudication is deferred.