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Is This Considered "Court Ordered Drug Treatment"?


HelloAll
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I was overlooking the CCW disqualifiers, and came across "Has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the five years preceding the date of the license application;".

 

Around 2 years ago, I was arrested for possession of drug paraphernalia and possession of marijuana under 2 oz in Texas. Ended up getting deferred adjudication, and was ordered to an online drug offender education program. Is this considered "court-ordered drug treatment"? Would this disqualify me if I don't wait 5 years until after I completed that? 

 

 

 

 

 

 

 

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2 hours ago, Euler said:

It was court-ordered, so it was court-ordered. Counseling counts as treatment. Although it was in TX, I wouldn't recommend hoping IL doesn't find out.

 

Your only hope would be that it was for a recreational drug that is illegal in TX but is legal in IL. I still wouldn't recommend hoping IL doesn't find out.

 

IANAL

Lol @ "it was court-ordered, so it was court-ordered". Meh. Im in contact with Molly B about my situation.

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On 8/13/2021 at 8:02 PM, Euler said:

It was court-ordered, so it was court-ordered. Counseling counts as treatment. Although it was in TX, I wouldn't recommend hoping IL doesn't find out.

 

Your only hope would be that it was for a recreational drug that is illegal in TX but is legal in IL. I still wouldn't recommend hoping IL doesn't find out.

 

IANAL

 

"online drug offender education program" would not be considered as treatment in most cases, it's an educational program.

 

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On 8/16/2021 at 11:28 PM, Molly B. said:

Because it's like the court ordered risk assessment and impact classes here in IL.  It's educational and not one on one or group therapy which would be considered treatment.

So do you have past experience of people completing a similar program like the one I did, and still being denied by ISP and have to file an appeal? Or would you say I'm most likely to go through smoothly? I know it should go through, but from experience, will it? Is something like this known to cause a hitch? This would be the only thing that could cause a rejection for my CCL app.

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3 hours ago, Molly B. said:

Not necessarily from that state but here in IL and they have no trouble with their applications.  You must make your own decisions but I personally would answer the question with "no" and as long as the other state did not enter you into the NICS prohibted person list, you should be good to go.

What if the crime I was charged with would prohibit me from a CCL in that state (Texas), but not in Illinois? It was a Class B misdemeanor, which is a disqualifier in Texas, but not in Illinois for CCL.

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6 minutes ago, Molly B. said:

 

 

deferred adjudication - was it ultimately dismissed?

Yes, but it's not expunged or sealed. It's still in my records will still pop up on background checks. For CCL purposes in Texas, deferred adjudication counts as a conviction. If I get it sealed, I THINK I read it won't count as a conviction in the eyes of Texas, and I would be able to get a Texas CCL then. But I'm in Chicago now. I plan to get it sealed before I apply for ccl anyways.

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I don't know anything about this topic.

 

It may be worthwhile to contact the folks at New Leaf, part of Illinois Legal Aid. Because they are attorneys actually dealing with weed expungement... they can probably give you real answers.

 

https://www.illinoislegalaid.org/new-leaf/weed-legal-now-can-i-clear-my-record

 

 

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Jefferson Lion's Club

Jefferson Lions Club said:

...

Can I file for expungement without a lawyer in Texas?

Most people can file and successfully process their own Texas expungement forms without the assistance of a lawyer. If you have successfully completed deferred adjudication for a misdemeanor or felony, you may be eligible for a Texas expungement or Order for Nondisclosure.

 

Who qualifies for expungement in Texas?

The timeframe for receiving an expunction is (1) at least 180 days from the date of the arrest for an offense punish- able as a Class C misdemeanor, (2) at least one year from the date of the arrest for an offense punishable as a Class B or A misdemeanor, or (3) at least three years have elapsed for an offense

...

Can a felon get gun rights back in Texas?

In Texas, a person convicted of a felony may not purchase or possess a firearm. Firearm rights are automatically restored 5 years after release from confinement or probation. Having a felony set aside fully restores firearm rights under state and federal law.

...

 

That last felony bit doesn't apply in this case, but it does seem pretty awesome, so I included it.

 

Be aware that expungement just means that a record is sealed from public inquiry, like employment background checks (although background investigators routinely get access to sealed records, anyway, you know, "somehow"). It's not sealed from law enforcement inquiry. I'm not sure it helps. Your lawyer, should you choose to contact one, should have a better idea.

 

Edited by Euler
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4 hours ago, Molly B. said:

In IL we have expunge and we have seal.  Expungement in IL generally means expunged - gone.  Sealing means removed from public inquiry but not from law enforcement view. At least this is what I have seen with those seeking to expunge records in IL.

Yes, I saw the situation regarding certain entities being able to still see a sealed record a while back in my research. I still plan to do it,but don't know if it will help regarding specifically the ISP background check. In Texas, deferred adjudication can't be expunct (expunged in IL verbiage), only sealed (order of non-disclosure). So I don't think I can fully expunge it, I will definitely double check tho.

Edited by HelloAll
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On 8/18/2021 at 6:07 PM, Molly B. said:

Not necessarily from that state but here in IL and they have no trouble with their applications.  You must make your own decisions but I personally would answer the question with "no" and as long as the other state did not enter you into the NICS prohibted person list, you should be good to go.

Isn't the NICS a federal check? So even tho a deferred adjudication would disqualify me for a CCL in Texas specifically, I would still be good in IL? The deferred adjudication I received is not a disqualifier in IL. So I should be good? Or is it some rule along the lines of "Since I was charged in Texas, if I'm prohibited for a CCL in Texas, I'm also prohibited in Illinois"? I don't think so, but maybe I'm wrong. I'm thinking I'm good for a CCL, as long as ISP doesn't consider the online drug course I took as treatment.

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