How would I have my record expunged in Texas?
Full Question:
After being convicted of theft in 1990 and restitution completed, is it possible to get rights restored? It was a due to a business dispute in another county.
04/29/2009 |
Category: Criminal ยป Expungement ... |
State: Texas |
#16472
Answer:
A full pardon restores certain citizenship rights forfeited by law as the result of a criminal conviction, such as the right to serve on a jury, the right to hold public office, and the right to serve as Executor or Administrator of an estate. In Texas, voting rights are automatically restored when one discharges a felony sentence.
A full pardon will remove barriers to some, but not all, types of employment and professional licensing. However, licenses are granted at the discretion of the state licensing boards of each profession, and it is advisable to contact those boards directly to learn whether a pardon is necessary or sufficient to restore licensing eligibility in a particular field. A pardon will not restore eligibility to become a licensed peace officer in Texas.
A person who is convicted and who receives a full pardon is entitled under Article 55.01(a)(1)(B) to an expunction of all arrest records relating to the conviction. The arrest is not automatically expunged upon a grant of a full pardon. This can only be accomplished by petitioning a court in the county of conviction.
In past years, Texas law specified that citizens convicted of a felony offense were ineligible to vote in the State of Texas until two years after full discharge of their sentence.
The following are TX statutes:
Art. 48.05 CODE CRIM. P. Restoration of Civil Rights
(a)
(1) An individual convicted of an offense described by
Subdivision (2) of this subsection may, except as provided by Subsection (b) of this
article, submit an application for restoration of any civil rights
forfeited under the laws of this state as a result of the conviction.
(2) This article applies to:
(A) a federal offense, other than an offense involving:
(i) violence or the threat of violence;
(ii) drugs; or
(iii) firearms; and
(B) an offense under the laws of another country, other than an offense
involving:
(i) violence or the threat of violence;
(ii) drugs; or
(iii) firearms, if the elements of the offense are substantially
similar to elements of an offense under the laws of this state punishable
as a felony.
(b) An individual may not apply for restoration of civil rights under
this article unless:
(1) the individual has completed the sentence for the offense;
(
2) the conviction occurred:
(A) three or more years before the date of application, if the offense
is a federal offense; or
(B) two or more years before the date of application, if the offense is
an offense under the laws of another country; and
(3) the individual has not been convicted at any other time of an
offense under the laws of this state, another state, or the United
States.
(c) An application for restoration of civil rights must contain:
(1) a completed application on a form adopted by the Board of Pardons
and Paroles;
(2) three or more affidavits attesting to the good character of the
applicant; and
(3) proof that the applicant has completed the sentence for the
offense.
(d) The applicant must submit the application to:
(1) the sheriff of the county in which the applicant resides at the
time of application or resided at the time of conviction of the offense,
if the individual resided in this state at that time; or
(2) the Board of Pardons and Paroles.
(e) If an application is submitted to a sheriff, the sheriff shall
review the application and recommend to the Board of Pardons and Paroles
whether the individual's civil rights should be restored. If the sheriff
recommends restoration of the individual's civil rights, the board may
either:
(1) concur in the recommendation and forward the recommendation to the
governor; or
(2) independently review the application to determine whether to
recommend to the governor the restoration of the individual's civil
rights.
(f) If the sheriff does not recommend the restoration of the
individual's civil rights, the individual may apply directly to the Board
of Pardons and Paroles.
(g) If an application is submitted to the Board of Pardons and Paroles
without first being submitted to a sheriff, the board shall review the
application and recommend to the governor as to whether the individual's
civil rights should be restored.
(h) The Board of Pardons and Paroles may require or obtain additional
information as necessary to perform a review under Subsection (e)(2) or
Subsection (g) of this article.
(i) On receipt from the Board of Pardons and Paroles of a
recommendation to restore the civil rights of an individual, the governor
may either grant or deny the restoration of civil rights to the
individual. If the governor grants the restoration of civil rights to the
individual, the governor shall issue a certificate of restoration of
civil rights.
(j) If an application under this article is denied by the Board of
Pardons and Paroles or the governor, the individual may not file another
application under this article before the first anniversary of the date of
the denial.
(k) A restoration of civil rights under this article is a form of
pardon that restores all civil rights under the laws of this state that an
individual forfeits as a result of the individual's conviction of an
offense, except as specifically provided in the certificate of
restoration.
Art. 55.01 CODE CRIM. P. CODE CRIM. P. Right to Expunction
(a) A person who has been placed under a custodial or noncustodial
arrest for commission of either a felony or misdemeanor is entitled to
have all records and files relating to the arrest expunged if:
(1) the person is tried for the offense for which the person was
arrested and is:
(A) acquitted by the trial court, except as provided by Subsection (c)
of this section; or
(B) convicted and subsequently pardoned; or
(2) each of the following conditions exist:
(A) an indictment or information charging the person with commission of
a felony has not been presented against the person for an offense arising
out of the transaction for which the person was arrested or, if an
indictment or information charging the person with commission of a felony
was presented, the indictment or information has been dismissed or
quashed, and:
(i) the limitations period expired before the date on which a petition
for expunction was filed under Article 55.02; or
(ii) the court finds that the indictment or information was dismissed
or quashed because the presentment had been made because of mistake,
false information, or other similar reason indicating absence of probable
cause at the time of the dismissal to believe the person committed the
offense or because it was void;
(B) the person has been released and the charge, if any, has not
resulted in a final conviction and is no longer pending and there was no
court ordered community supervision under Article 42.12 for any offense
other than a Class C misdemeanor; and
(C) the person has not been convicted of a felony in the five years
preceding the date of the arrest.
(a-1) Notwithstanding Subsection (a)(2)(C), a person's conviction of a
felony in the five years preceding the date of the arrest does not affect
the person's entitlement to expunction for purposes of an ex parte
petition filed on behalf of the person by the director of the Department
of Public Safety under Section 2(e), Article 55.02.
(b) Except as provided by Subsection (c) of this section, a district
court may expunge all records and files relating to the arrest of a
person who has been arrested for commission of a felony or misdemeanor
under the procedure established under Article 55.02 of this code if the
person is:
(1) tried for the offense for which the person was arrested;
(2) convicted of the offense; and
(3) acquitted by the court of criminal appeals.
(c) A court may not order the expunction of records and files relating
to an arrest for an offense for which a person is subsequently
acquitted, whether by the trial court or the court of criminal appeals,
if the offense for which the person was acquitted arose out of a criminal
episode, as defined by Section 3.01, Penal Code, and the person was
convicted of or remains subject to prosecution for at least one other
offense occurring during the criminal episode.
(d) A person is entitled to have any information that identifies the
person, including the person's name, address, date of birth, driver's
license number, and social security number, contained in records and
files relating to the arrest of another person expunged if:
(1) the information identifying the person asserting the entitlement to
expunction was falsely given by the person arrested as the arrested
person's identifying information without the consent of the person
asserting the entitlement; and
(2) the only reason for the information identifying the person
asserting the entitlement being contained in the arrest records and files
of the person arrested is that the information was falsely given by the
person arrested as the arrested person's identifying information.
