TEXAS BOARD OF PARDONS AND PAROLES
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The governor has the authority to grant clemency upon the written recommendation of a majority of the Board of Pardons and Paroles. Clemency includes full pardons, conditional pardons, pardons based on innocence, commutations of sentence, and emergency medical reprieves. In capital cases, the Board considers applications for commutation of sentence to life in prison and for a reprieve of execution. If the Board recommends clemency in a death penalty case, the governor may grant commutation or reprieve. The governor can also grant a one-time thirty-day reprieve of execution in these cases.
The Clemency Section processes clemency requests and is a source of information on clemency. The Clemency Section mails out pardon application packets, analyzes and researches clemency requests, and prepares clemency files for consideration by the board. The Section may be reached at (512) 406-5852 from 8:00 a.m. to 5:00 p.m. Monday through Friday.
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. (See more detailed explanation in the next question, HOW ARE VOTING RIGHTS RESTORED?)
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.
Effective September 1, 1997, the legislature restored voting rights to felons convicted in Texas once a person fully discharges the felony sentence, including any term of incarceration, parole, or supervision, or completes a period of probation ordered by any court. See Texas Election Code, 11.002.
Before voting in local, state, or federal elections, a person must meet the minimum qualifications such as being a U.S. citizen, at least 18 years of age, and mentally competent. A person must register to vote in the county of residence and may obtain further information from the Registrar of Voters Office in that county or from the Elections Division of the Secretary of State's Office.
Please note that the Texas law does not affect voting rights in other states.
A person with a conditional pardon remains subject to conditions of release. A conditional pardon does not restore civil rights or rights of citizenship, and the governor can revoke the pardon if a person does not comply with the conditions of release.
A pardon based on actual innocence exonerates an individual of the crime and erases the conviction. In order to consider a pardon for innocence, the Board requires either evidence of actual innocence from at least two trial officials; or the findings of fact and conclusions of law from the district judge in a state habeas action indicating actual innocence.
Commutation of sentence results in a reduction of the sentence to a lesser time period. A commutation can be granted for time served. Commutations of sentence will be granted only upon the written recommendation of a majority of the applicant's trial officials in the county of conviction, stating that the penalty now appears to be excessive, recommending a definite term, based on new information not before the judge or jury at trial, or a statutory change in the penalty.
A reprieve is a delay or temporary suspension of punishment. Offenders who are terminally ill (six months or less to live), totally disabled, require medical treatment not available within the Texas Department of Criminal Justice-Correctional Institutions Division (TDCJ-CID) System, or who have been denied Medically Recommended Intensive Supervision (MRIS) may seek an emergency medical reprieve. Offenders also may seek a reprieve to attend civil court proceedings. As with other forms of clemency, the governor may grant the reprieve upon a written recommendation of a majority of the Board members.
A request for a reprieve for family emergency to attend funerals or to visit critically ill relatives may be made through application to the Clemency Section. However, the more practical alternative, time-wise, is to request a special absence (furlough) from the Texas Department of Criminal Justice.
APPLICATIONS FOR REPRIEVE OF EXECUTION AND COMMUTATION TO LIFE IN PRISON IN CAPITAL CASES.
In capital cases, the Board considers an application for commutation of sentence to life in prison and for a reprieve of a scheduled execution. If a majority of the Board members make a written recommendation for clemency in a death penalty case, the governor may grant commutation or a reprieve. The length of the reprieve can be 30 days or longer, in increments of 30 days. The governor also has the power to grant a one-time thirty-day reprieve of execution in capital cases.
A full pardon may be considered for a person who is deceased. The application will be submitted by a person acting on behalf of the deceased individual.
Persons needing information or assistance in clemency matters in Texas may contact:
Texas Board of Pardons and
Paroles
Clemency Section
8610 Shoal Creek Boulevard
Austin, Texas 78757
Phone (512)
406-5852
Fax
(512) 467-0945
Email: bpp-clemency@tdcj.state.tx.us
Updated 01-20-2012
