CHL Help

[oldskewlsk8ter]

I made a few mistakes in my younger days, and was arrested for PI a few times. I have a general idea, but don't know for sure, when/where these took place. From what I can tell I have to disclose all of these past arrests no matter how long ago they were? How in the world do I go about getting all this info. A good friend of mine, who is a local LEO, said he could only find info on one or two that were local. I know for a fact I had a few in other parts of the state. Should I just contact a lawyer and let them sort it out for me?

 

[txinvestigator]

How old were you then, and how old are you now?

 

[DoubleActionCHL]

If they were, in fact, PI (Class C Misdemeanors), they'll have no bearing on your eligibility. Some instructors argue that two PI convictions in the past 10 years constitute chemical dependency, but DPS legal stated this only applies to Class B or higher DWI/DUI convictions. They added that testing positive on a drug test (reported through EMR) in the past year also constitutes chemical dependency.

TXInvestigator may have more specific information on this.

You do need to list them as best you can. You can invest a few bucks in a commercial background check to get the dates, assuming they even show up.

 

[txinvestigator]

If they were, in fact, PI (Class C Misdemeanors), they'll have no bearing on your eligibility. Some instructors argue that two PI convictions in the past 10 years constitute chemical dependency, but DPS legal stated this only applies to Class B or higher DWI/DUI convictions. They added that testing positive on a drug test (reported through EMR) in the past year also constitutes chemical dependency.

TXInvestigator may have more specific information on this.

You do need to list them as best you can. You can invest a few bucks in a commercial background check to get the dates, assuming they even show up.

Those instructors argue wrong;

Texas Government Code
411.172
(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.

 

[DoubleActionCHL]

Those instructors argue wrong;

STOP THE PRESSES!!!! We agree on something!!!

 

[oldskewlsk8ter]

How old were you then, and how old are you now?

Between the ages of 18-25 then. I'm 37 now. All of the arrests except 1 were for PI. The most recent was almost 6 years ago and it was for UCW. I still have no idea how I go about finding all this info as it doesn't show up in a Publicdata check or when my buddy ran a check through his department.
Edited for spelling, it sucks

 

[Hawghauler]

If UCW means unlawfully carrying weapons and that charge is a result of you not obeying the rules based upon previous convictions I would imagine you will not be eligable and I support your disqualification. Although I am morally opposed to most gun laws, I am not opposed to disqualifying those that demonstrate a pattern of disregard for the laws put in place for public safety. If you got in trouble and were given second and third chances at redemption you should have taken the opportunity for reform seriously. Sorry if I seem harsh.

 

[oldskewlsk8ter]

If UCW means unlawfully carrying weapons and that charge is a result of you not obeying the rules based upon previous convictions I would imagine you will not be eligable and I support your disqualification. Although I am morally opposed to most gun laws, I am not opposed to disqualifying those that demonstrate a pattern of disregard for the laws put in place for public safety. If you got in trouble and were given second and third chances at redemption you should have taken the opportunity for reform seriously. Sorry if I seem harsh.

Not harsh at all, just ignorant of the facts of my case. Luckily for me, I am eligible now as it's been longer than 5 yrs since my deferment

 

[oldskewlsk8ter]

If UCW means unlawfully carrying weapons and that charge is a result of you not obeying the rules based upon previous convictions I would imagine you will not be eligable and I support your disqualification. Although I am morally opposed to most gun laws, I am not opposed to disqualifying those that demonstrate a pattern of disregard for the laws put in place for public safety. If you got in trouble and were given second and third chances at redemption you should have taken the opportunity for reform seriously. Sorry if I seem harsh.

The more I look at this and try to understand wtf you are saying, the more it seems like reading comprehension is a stretch for you. I had 1 charge for UCW, about 6 years ago. It had absolutely nothing to do with any previous PI charges that I got 10 years prior. Seems pretty easy to see that the 2 have nothing to do with each other.

 

[TxEMTP69]

Well the UCW being a Class A mis. (?) you will want to be sure of the dates, if it is over the 5 year mark you should be eligible barring you don't omit any info as to arrests dates, convictions, etc... If you recieved probation it might be 5 years from the date of completion of the probation for the UCW, someone else might be able to confirm that... or the app might..

 

[TxEMTP69]

A Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment. "Convicted" means an adjudication of guilt or an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not:

1. 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 which has been subsequently:
   1. Expunged; or
   2. Pardoned under the authority of a state or federal official;

 

[thorkyl]

You have to wait 5 years after the end of the adjudication.

As to finding out if you can qualify you need the dates.

Go back to the agencies/counties and start searching the public records.

 

[oldskewlsk8ter]

You have to wait 5 years after the end of the adjudication.

As to finding out if you can qualify you need the dates.

Go back to the agencies/counties and start searching the public records.

Yes it has been 5 years since I completed my deferred adjudication. The problem lies in the fact that I have to go back to the counties where I was arrested and find out the excat dates and such so I don't miss anything. I have no dea when these occurred. I just know there is a 7-8 year window when they would have happened. And I'm not 100% sure about all the counties they were even in.

 

[txinvestigator]

You have to wait 5 years after the end of the adjudication.

Negative. From the date of sentence, NOT the date he was discharged.

 

[ddcainjr]

I just received my CHL this summer and I had to report several arrests too ( 2 PIs and 1 for possession of marijuana) Both the PIs were in Houston and they no longer show up anywhere. I called DPS and they told me to get a report from the city showing that I have a clean criminal history there. Exact dates are not essential, I only knew the month and year of one of the arrests and that was acceptable. So all you need to do is contact each location were the arrest occurred and have them try to find it...if they can't find it just get a paper from them that says you have a clean record there.

Hope this helps...Good luck

 

[thorkyl]

Negative. From the date of sentence, NOT the date he was discharged.

Ok, I think we are talking watermelons and persimmons here

The way I understand it the 5 year wait period starts at the final disposition of the case.

In the case of deferred adjudication final disposition is not rendered until the end of the deferment period, just like in probation.

Allow me to give examples.

1 - speeding ticket - deferred adjudication, 60 days no more speeding tickets the ticket goes away type of thing.

2 - probation - neighbors kid on probation for unauthorized use of a motor vehicle. After his 24 months probation and his 250 hours community service and his 10 Saturdays at wal-mart with a sign explaining what he did his final disposition will be reduced to trespassing time served.

His 5 year wait period would start at the finding of trespassing not unauthorized use of a vehicle 2 years prior.

 

[txinvestigator]

Ok, I think we are talking watermelons and persimmons here

The way I understand it the 5 year wait period starts at the final disposition of the case.

In the case of deferred adjudication final disposition is not rendered until the end of the deferment period, just like in probation.

No, that is incorrect. The 5 year wait is from the date of conviction, or in the case of deferred the date he was placed on deferred.

If he is found guilty and placed in jail for one year, the five years is from the date of conviction, not the date he was released from jail.

If he receives deferred on 01/01/05 for one year, he is eligible for his CHL on 1/2/10, which is 5 years from date of conviction, not the date he was released from community supervision.

Texas Government Code
(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.

 

[Euclid]

The 5 year wait is from the date of conviction, or in the case of deferred the date he was placed on deferred.

Even if it was dismissed (in the case of deferred)?

 

[txinvestigator]

Even if it was dismissed (in the case of deferred)?

Yes, deferreds are convictions for CHL purposes.

 

[thorkyl]

Wow, learned something new.

I love it when I am wrong, that means my brain still has room for new stuff.

Thanks for the education.