Unfortunately, I got a class B misdemeanor which I am in the process of finishing probation for. (F U Wilco) I will be done with it at the end of February. Anyway, I don't understand the DPS language on whether I am eligible or not. So can I, or can't I obtain my CHL?

what's the misdemeanor?
edit-believe if it within five years than no.

possession of marijuana




 








 

Not until 5 years after your conviction date.

what if i expunge it from my record?

http://www.txdps.state.tx.us/internetforms/forms/chl-16.pdf


GC §411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a concealed handgun if the person:
(1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;
(5) is not a fugitive from justice for a felony or a Class A or Class B misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with respect to the proper use and storage of a handgun;
(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;
(9) is fully qualified under applicable federal and state law to purchase a handgun;
(10) has not been finally determined to be delinquent in making a child support payment administered or collected by the attorney general;
(11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;
(12) is not currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests;
(13) has not, in the 10 years preceding the date of application, been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony; and
(14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174.
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and

page 3 of link

GC §411.171. DEFINITIONS. In this subchapter:
(1) “Action” means single action, revolver, or semi-automatic action.
(2) “Chemically dependent person” means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented.
(3) “Concealed handgun” means a handgun, the presence of which is not openly discernible to the ordinary observation of a reasonable person.
(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.

yea, i don't understand that. can you clarify? too many legal words i am unfamiliar with.

 




 

Basically, no.  You cant get that expunged and get a CHL.  I'm not even sure you can have that record expunged anyway.  You'll have to wait 5 years from the conviction date.

deferred adjudication is basically considered a conviction in your scenario

so can i still buy a gun or do i have to wait 5 years for that as well?

Your deferred will make you ineligible from the date you were placed on probation.  

Misdemeanors, except family violence, do not prevent you from purchasing a firearm.

I am a CHL instructor.

Download Form 4473 and answer the questions yourself.

In regards to a Texas CHL, your conviction makes it look like you have a chemical dependency problem. The citizens of the State of Texas don't want a stoned guy carrying around a gun. You sorta ruined it for yourself doing whatever you did with weed.

It all boils down to "If you have to ask........" maybe you should not be asking in the first place.

Your deferred will make you ineligible from the date you were placed on probation.  

Misdemeanors, except family violence, do not prevent you from purchasing a firearm.

I am a CHL instructor.

Under Texas law, a single conviction does not make one a chemically dependant person.

Thank you for your easy to read clarification. I appreciate that.

 

The State does not count just a conviction, they can look for other dependency issues "Other evidence of chemical dependency may also make an individual ineligible for a CHL", according to the State's website.

WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI

That list not entirely accurate. Just because you are not under arrest does not necessarily mean that you are free to leave. Police can temporarily detain someone if they have reasonable suspicion that a crime has been committed without probable cause for arrest. Attempting to flee a lawful detention from a police officer is a crime.

 

A conviction in the eyes of the ATF makes you a user. Careful the next time you fill out a 4473. Ask me how I know.

Five years have to elapse from the date of conviction. I never had a conviction. Although my situation was a little different, my background check prompted a Medical Board Advisory review to make sure I was capable of exercising sound mind with respect to the proper use and storage of a handgun. If that happens to you, you need to spend more money to get a letter from a physician clearing you of any insanity/chemical dependency/whatever.

Actions have consequences. Learn from it. Be grateful you are getting a second chance. Make yourself into a responsible citizen (and more careful ) and you'll be fine. Ask me how I know.

Tagged as another reference thread for someone who thought he had no reason not to consent to a search.

Hopefully you've learned that the answer is always NO.  Hopefully everyone else reading this learns something too...  If nothing other than don't drive in Wilco after midnight if you can at all avoid it and if you have to, be extremely careful.  And clean your damned car out more than once every 9 years...  

Getting it expunged will work.

edit


 

5 YEARS you got 5 years...

Don't worry though I have a buddy who keeps slapping false protective orders on him every two years like clock work.  He can't even buy a dang gun and has never done anything wrong.  She used it as a way to get him out of the house so she could make a quick buck and disappear now she just keeps doing it cause its free and cost her nothing but to show up at court.  I told him to hire an attorney and sue the crap out of here.  You would think judges would catch on after a while.  The poor guy  can't even see his kid because of this crap and no there is no arrest and there is no abuse of any kind she cheated got caught and screwed him the second he asked her for a divorce...

I don't believe deferreds qualify for expunctions

Check your messages.

Check with a lawyer before you take everyone's word for something like this in a forum such a this.  Several a saying "I think" and others aren't so sure either.  Some may be correct, but I would take the word of a lawyer to get it clarified.

Just get an AZ Non Resident permit.

Unless you pick a lawyer that specializes in gun laws, most lawyers are not likely to have a clue.

Can you point to any evidence that the OP has such issues?

Ok. How do you know?

That cop must have the nose of a bloodhound?
He could still smell a 9 year old "smoked to the end" joint?

So, if someone is placed on deferred for a misdemeanor or a felony and they complete their probation without incident, they wont qualify for a CHL?

I did not know that...

Yes.  Texas Government Code 411 (h).  

That is my understanding as well... expunged means GONE.

I had a run in with a young punk cop back 15 years ago, didn't commit a crime at all.. fought it..sued the city and they dropped all charges and expunged the ARREST from my record. I went to canada years later, they asked me if I was a U.S. Citizen..at first I didn't hear them because me and my buddy had the stereo up quite loud for hours before getting there..told them to repeat the question please, etc..then it took a couple seconds to register..never been asked if I was a U.S. citizen before and was literally thinking ' DUH' I'm coming from the U.S. lol...anyways ended up being sent to the side for searching and review...told the lady inside when she asked if I had been arrested that yes I had been arrested but there shouldn't be any record of it, it was expunged but I can't say No and then if they messed up and didn't clear it I look like I am lying... she sent me outside and the drug dog and the person the dog was walking (jk) searched the car for drugs.. they wanted the HUGE subwoofer box removed but we tried for 15 minutes and could not get it out, finally the lady just said don't worry about it and let us go...

I reported this on my CHL for Texas and it delayed everything as well.. but the application says to reports arrests, does not exclude EXPUNGED arrests... and I emailed them and they said they were waiting on that issue... I then called Michigan up and they searched my record and said NO nothing shows...pretty sure Texas DPS was listening to my phone call and the very next day my CHL was approved and put forth into manufacturing!

They wanted a date, etc for an arrest that happened 15 years or so ago..who remembers that or keeps a record of some BS incident with a power-tripping punk cop for which nothing ever comes from it. I sent the Tx DPS site an email informing them that they should clarify the difference of EXPUNGED records for things over say 5,7,10 years old... I mean if it's not something that could deny you a chl then you shouldn't have to report it at all if it was EXPUNGED because EXPUNGED means it NEVER HAPPENED! I hope they adjust the wording and make the process smoother for those who apply in the future!

I am not a LAWYER although a lot of my friends think I am or tell me I should become one, but if you get your Arrest Expunged I think you have a chance at getting a CHL. Getting a Lawyer to get your record expunged will likely cost you $1,000 or more.. not sure if that is worth it to you or not. You could try calling a lawyer and tell them the situation and possibly get advice for free over the phone as to whether or not they could expunge your record and if it would subsequently make you good for a CHL or not!

Is it even possible to expunge an arrest that resulted in adjudication or conviction?

I don't think so but I'm no lawyer

I am not sure how it works in Texas, usually your best chance at expungement is when you go to court for the charge, if they convict you then it may be part of the deal that after so many years the record is expunged for good behavior..meaning if you don't get in any trouble they clean your record, I would think it would be much more difficult to expunge a record after the fact unless there was some way to bring evidence that wasn't available before that could clear your name. I have a buddy who used to live in NJ, now lives in Michigan who cannot get a concealed weapons permit forever because he has a Felony, stolen vehicle, etc for New Jersey.. they don't clear records ever..I think his only option is a presidential pardon..

LAWYERS from Texas will have the answers, they know the law here..and it can vary greatly from state to state.
Calling Lawyers and asking some questions over the phone and you may get your answers for free and determine whether it's worth the cost to pursue anything... My Lawyer in the 90's cost me $700...so like I said...it will cost you, costs more once you are convicted and costs more that it is now 2013...lol

Try calling 10 lawyers offices and see what they say in a free phone consultation.. they get a rough idea of what you are looking for to see if they can help you or if they can redirect you to someone who can, or to see if you have a case...

I would look for a lawyer who mentions CHL's

No. If you plead "no contest", "guilty" or were found "guilty", if your conviction was adjudicated in any manner, you cannot have your arrest or conviction expunged. The only time that could possibly happen is if the case was some gross miscarriage of justice and involved the highest levels of the state government calling for a case to be overturned and expunged. There are ways to cover it up, like an "order of non-disclosure" but it never goes away. The DPS would see it pop up instantly.

To expunge an arrest, one would need to be found "not guilty" or have charges dropped prior to any verdict, plea or judgement. The state would need to drop their charges against the arrestee. Under the law, your are innocent until proven guilty and as such would qualify for an expunged arrest record.

Keep your nose clean and you can answer without pause everytime!

Cops do not have to ask if they smell pot they can go for it.

These are the reasons why you never ever consent to a search, nothing good for you can come from it.  Not to mention that cops have access to pot and other drugs that they might just find in your car.  
If you dont let them search nothing your your friend left or the cops will be found in your car.

The other day I found a beer left in my car from trip down to the beach on a bachelor party.  For all I know some of those young guy left some pot in my car.  I doubt it but you never know.  Just avoid the problem by saying no.

Another effective method is to avoid trouble is not to party with those that "party"

This.

Well I was at a party and I was one of the older ones there.  I did not see any illegal activity,hookers, strippers I would have been headed home.  It was a weekend fishing type bachelor party.  It was actually tame.

I took  6 of them in my fwd suburban down the beach about 22 miles on Sunday morning and some of them drank beer .  It is against the law of the land to drink on the beach while driving or a passenger.  

It is not against my law as I was grandfathered in years ago back when it was perfectly legal in Texas to drink and drive..  It is also against the law to drink before Sunday noon on the beach period.  I am not a big drinker but when I go fishing or beach combing I drink beer usually 4.  Four beers over 4-5 hours.  

I have modified my drinking on the beach however.  I have found that very few cops go down past 3 mile cut on Matagorda beach and you can see them for a long way.  When I get past 8 miles I will put my beer on the dash.  

The fact that I found an unopened beer in my truck which is not against the law shows how easy it is for someone to leave something that is questionable in your truck.

If no one owns up to the contraband the driver usually takes the brunt.  It is far easier to just say no thanks officer I dont have time for a search.

When you get past the nude beach sign at 12 miles all bets are off

Cop was probably having an olfactory hallucination.