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Discussion Starter #1
(Sorry if this isn't the right board.)

I'm 21 and interested in getting my CHL. I live in Harris County, TX.

When I was 18 (2006) I was arrested for Possession of Marijuana under 2 Ounces. (I could have sworn it was a Class C Misdemeanor but everywhere online is saying it's a Class B.)

It's the only time I've ever been arrested.

I did Deferred Adjudication Probation (lasted 9 months) which I completed without any issues.

Is this something that would prevent me from getting my CHL? I've researched all over the web and this site, and I keep getting mixed answers. Some places say I have to wait 5 years from the date of my arrest, while others say I don't.

Can I get a clear answer please? Thank you!

(p.s. I tried giving all the details necessary, but if you need to know something else, feel free.)
 

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There was a tread about something like this not too long ago. I think it 5 yrs. after charge. But I don't know about the deferred probation.

Also I think its worth saying I hope your dope days are over.
 

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Check at Txchlforum.com,they are texas oriented with a few lawyers on their,they can tell you exactly where you stand
 

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Discussion Starter #5
There was a tread about something like this not too long ago. I think it 5 yrs. after charge. But I don't know about the deferred probation.

Also I think its worth saying I hope your dope days are over.
I've looked and I couldn't find anything definite. And lord forbid the clowns in state legislature write something the majority of the population can read and define clearly.

And yes, I've been 100% clean for years. Just the occasional beer here and there.

So I guess it depends on whether or not it was a Class B or Class C? Is there a website I can check?

(Thanks again for the replies.)

Ok, just saw the replies and I'll check out the link. Thanks.
 

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If all else fails check the statutes.

Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.



Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.
 

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According to texas CHL laws it looks like you have to wait 5 years from conviction
 

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Just make sure when you apply be totally honest about past indisgressions (sp). I was and I got my permit. Albeit it was a much, much longer period of time.
 

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Just make sure when you apply be totally honest about past indisgressions (sp). I was and I got my permit. Albeit it was a much, much longer period of time.
In Tx they don't care how honest you are Dui's etc it's a 5 year wait til you apply,if you apply before the time has expired you not only get a denial but they keep your $150.00
 

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In regard to a CHL, I believe that a deferred adjucation disposition is treated the same as a conviction. Sounds like you need to wait 5 years from the date of disposition.

If you want to game the system... You might find that other states have varying standards for CHL's (Texas is quite stringent compared to alot of shall-issue states). Find a state with reciprocity, look into their standards, and if you meet them, you could try applying for a non-resident CHL.
 

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Look like you permit just went up in 'smoke' for a few years.:22a:
 

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Application can't be made until 5 years after the end of the adjudicated probation period. You will have to wait awhile. Possession of Marijuana has never been a Class C misdemeanor in Tx.
 

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So, for instance, if you got a Utah permit, you could still carry legally in Texas even though - by Texas laws - you couldn't have a permit?
 

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So, for instance, if you got a Utah permit, you could still carry legally in Texas even though - by Texas laws - you couldn't have a permit?
I wouldn't dance around the law like that. Say you get pulled over and they see you have a texas DL and a Utah CHP - the officer is going to think SOMETHING is fishy. It wouldn't look good at best - it could end worse with charges or revocation of your utah permit - who knows. It stinks, you made a mistake - wait the 5 years (you earned it) and move on.
 

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Whatever the case may be, you should look into getting this expunged from your record, if possible. Talk to the lawyer that represented you, if you had one. It can make life easier further down the line. Usually there is a set amount of time after the court ruling that has to elapse before expungement can take place. It depends on the case. You may have to wait 5 years, you may be able to do it now, I dunno. Getting something expunged usually takes about 6 months. But like I said, talk to your lawyer, if its possible to get the ball rolling on that now you could be sending out your CHL application in 6 months.

Good Luck!
 

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Whatever the case may be, you should look into getting this expunged from your record, if possible. Talk to the lawyer that represented you, if you had one. It can make life easier further down the line. Usually there is a set amount of time after the court ruling that has to elapse before expungement can take place. It depends on the case. You may have to wait 5 years, you may be able to do it now, I dunno. Getting something expunged usually takes about 6 months. But like I said, talk to your lawyer, if its possible to get the ball rolling on that now you could be sending out your CHL application in 6 months.

Good Luck!
Sorry but an expungement does not erase the conviction or time period to wait after the adjudication,there is no way he will skirt the law,An expungement only keeps the general public from finding out and any criminal background check by LEO will turn up the arrest record
 

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So, for instance, if you got a Utah permit, you could still carry legally in Texas even though - by Texas laws - you couldn't have a permit?
The law only says that you cannot be issued a Texas CHL. It does not explicitly forbid you from obtaining an out-of-state CHL.

All I'm saying is that it is legal. Whether or not its a good idea... thats your call. As we all know, there are plenty of things that are legal, but not necessarily a good idea.
 

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Lots of people get non resident permits because they have back taxes owe child support,defaulted on student loans and as long as the permit is legal tx will recognize it
 

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Actually, if he gets his record expunged, he can then apply for a CHL, without the 5 year waiting period. See GC411.171
 
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