How do I go about getting a pardon from the Governor’s office for conviction of family violence?
02/01/2007 - Category:Criminal - Expungement of Criminal Records - State: TX #918
Full Question:
How do I go about getting a pardon from the Governor’s office for conviction of family violence that happened ten years ago?
Answer:
FULL PARDON INFORMATION & CHECKLIST INFORMATION
This document is not a full pardon application; rather, it is information designed to familiarize you with the full pardon process.
We are providing you information about:
(1) Full pardons and pardon eligibility requirements; and
(2) Documentation required should you decide to request a full pardon application.
First, review the information to determine whether you are eligible for pardon consideration. If you are eligible to apply for a full pardon and wish to pursue a pardon request then review the Checklist. This list describes some of the documentation required in the full pardon application instructions.
It is suggested that you acquire the documentation referenced in the Checklist before requesting the full pardon application form. This will allow you to acquire necessary documents ahead of time. Please note that once we send you a full pardon application form you have only three months to complete and return the application.
When you are ready to apply, contact Executive Clemency to request a blank full pardon application form:
TEXAS BOARD OF PARDONS AND PAROLES ATTN: EXECUTIVE CLEMENCY SECTION 8610 SHOAL CREEK BLVD. AUSTIN, TX 78757 PHONE (512) 406- 5852
You may request a full pardon application from our office at any time, but it is recommended that you do so after acquiring documentation according to the Checklist. When you make your request for a full pardon application, please indicate that you have acquired this documentation. Please do not submit documents without a completed application.
Full Pardon Definition - An unconditional act of executive clemency by the Governor which serves to release the grantee from the conditions of his or her sentence and from any disabilities imposed by law thereby.
A Full Pardon restores the following civil rights:
1 Right to vote.
2 Right to hold public office.
3 Right to serve on a jury.
4 Licensing privileges for certain types of employment (however, you must check with the appropriate licensing authority to determine if a full pardon is necessary to be licensed). If available, please provide written documentation from that authority advising that you will not be considered for a license without receiving a full pardon. If the licensing authority will not provide you with written documentation, please obtain and furnish the name of the licensing authority, phone number, and name of the person you contacted.
5 Right to serve as Executor or Administrator of an estate.
A FULL PARDON RESTORES VOTING RIGHTS. Please note, effective September 01, 1997, a felon’s voting rights are automatically restored when one fully discharges the felony sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court.
A FULL PARDON DOES NOT NECESSARILY RESTORE THE RIGHT TO BEAR ARMS. Many felons also lose their right to bear arms with the federal government. Additionally, you may or may not qualify for a State of Texas license to carry a concealed handgun. You MUST check with BOTH the Federal Bureau of Alcohol, Tobacco & Firearms AND the Texas Department of Public Safety for your status BEFORE bearing any arms.
A FULL PARDON DOES NOT expunge an arrest under the criminal laws. This can only be accomplished by petitioning a district court in the county of conviction.
A FULL PARDON DOES NOT restore the right of the applicant to drive and operate a motor vehicle upon public highways after an automatic suspension of that license as a result of a conviction for Driving While Intoxicated or other similar suspension, unless the Governor's Proclamation specifically so states.
A FULL PARDON DOES NOT relieve the convicted person of any outstanding fines, fees, restitution or reparation as ordered by the Court.
The Board will consider Full Pardon requests for the following cases:
(01) Individuals on parole/mandatory supervision/annual report must have been under supervision for at least one (1) year without any violations during the last twelve (12) months.
(02) Former TDC or TDCJ-ID inmates who have discharged their sentences.
(03) Probated sentences (completed, unless unusual circumstances).
(04) Suspended sentences (completed).
(05) Jail sentences (completed).
(06) Misdemeanor sentences (completed).
The Board will NOT consider Full Pardon requests for the following cases:
(01) Treason or impeachment
(02) Deferred adjudication community supervision (whether currently serving, or satisfactorily completed or discharged).
(03) Early dismissal from community supervision in cases defined by the Texas Code of Criminal Procedure, Art. 42.12, Sec. 20.
(04) Class C misdemeanor (except for domestic violence convictions where one seeks to remedy federal disabilities, pursuant to the “Lautenberg Amendment” to the Federal Gun Control Act of 1968 [18 U. S. C., Section 922(G)(9)], which prohibits firearm possession for anyone convicted of a misdemeanor crime of domestic violence).
(05) Texas Department of Criminal Justice-Institutional Division inmates (except when exceptional circumstances exist.)
(06) Prior out-of-state felony convictions (must first clear priors by pardon from other jurisdiction).
(07) Prior federal convictions (must first clear by Presidential Pardon.)
(08) Applicants who were denied Full Pardon and Restoration of Civil Rights less than one year ago.
Before requesting a full pardon application form, please ensure that you are eligible for full pardon consideration and have reviewed the checklist information provided on this page.
Eligibility
Please review your eligibility for full pardon consideration by reviewing page 2 as well as the Texas Board of Pardons and Paroles Rules provided with this information packet.
Letters of Recommendation
Full pardon application instructions require at least three (3) letters of recommendation that comply with application instructions. The letters must be from citizens directly familiar with the applicant (letters from family members will only be accepted as supplemental information.) Letters of recommendation must:
(a) be addressed to the Board of Pardons and Paroles, as in the example, “To the Board of Pardons and Paroles:” (Do not address letters to the Executive Clemency Section or “To whom it may concern”);
(b) contain a recommendation for Full Pardon, as in the example, “I recommend a full pardon on behalf of (applicant’s name)”;
(c) contain the name, occupation, signature, telephone number and mailing address of the writer;
(d) be current and not submitted as part of a previous clemency application; and
(e) be originals (photocopies and faxes are not acceptable.
Criminal History Statement
ALL APPLICANTS, including non-Texas residents, must provide an official criminal history statement from the sheriff of your county of residence.
Certified Court Documentation
Provide appropriate certified court documentation (indictment/complaint/information, judgment & sentence, dismissal) and/or clerk statement (fine/restitution paid) for all arrests. Refer to the attached page titled “Procedures for Obtaining Court Documentation” for detailed instructions.
Offense/Arrest Reports
Provide offense reports for all arrests from the appropriate law enforcement agency. For example, if you were arrested by the Austin Police Department, you must request offense reports from that agency. If you were arrested by the Travis County Sheriff’s Department, you must contact that agency. If you are unsure of the arresting agency, you may access public record information pertaining to criminal convictions and deferred adjudications by accessing the Texas Department of Public Safety (DPS) Crime Records Service website http://records.txdps.state.tx.us/; or you may contact DPS to request assistance in acquiring criminal history information.
Please see the information at the following links: Please see the forms at the following links:
02/01/2007 - Category: Expungement of Criminal Records - State: TX #918
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