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TEXAS BOARD OF PARDONS AND PAROLES

FREQUENTLY ASKED QUESTIONS (FAQ)

CLEMENCY PROCESS

Q: How can I "get my rights back" or remove the "conviction from my record?"
A: An application must be submitted to the Clemency Section. To obtain an application, you may download from our website www.tdcj.state.tx.us/bpp or contact the Clemency Section @ (512) 406-5852 from 8:00 a.m. to 5:00 p.m. Monday through Friday.
Q: What if I am unable to obtain a certified court document or an offense report?
A: If the Clerk is unable to provide a certified copy, please request that the clerk provide a letter on their letterhead stating that the documents are unavailable. If they are unwilling or unable to do so; you must address a letter to the Texas Board of Pardons and Paroles with an explanation of your attempts to obtain the information. The letter must be dated with the agency’s name, address and phone number; the person who was contacted; the date(s) you attempted to acquire the court documentation; and an explanation as to why the agency could or would not provide the documents requested.
Q: Does a pardon remove the offense from a criminal record?
A: NO. The arrest is not automatically expunged upon a grant of a full pardon. But, 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.
Q: What is the difference between an expunction and a pardon?
A: A 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. An expunction will remove all arrest records relating to the conviction pertaining to the court order.
Q: Can I get my gun rights restored for hunting?
A: The criteria for restoration of firearm rights are limited to extreme and unusual circumstances which prevent the applicant from gaining a livelihood.
Q: What is the appeal process if the board does not recommend clemency?
A: There is no appeal process; however, applicants may re-apply for a Full Pardon or Restoration of Civil Rights two years after the board decision.
Q: What documents are needed for re-applying?
A: Applicants who re-apply for a Full Pardon or Restoration of Civil Rights two years after the board decision are required to submit an application as submitted previously to the Clemency Section.
Q: Who are the Trial Officials?
A: The Trial Officials include the District Attorney, District Judge, Sheriff and Chief of Police in which the county the offender was convicted.
Q: What is the duration period on an Emergency Medical Reprieve (EMR) or Family Medical Reprieve (FMR)?
A: The duration of the reprieve will be determined by the governor.

Q: Can I get a pardon after deferred adjudication?

A: Yes. An application may be submitted on or after the 10th anniversary date of the discharge and dismissal of the deferred adjudication community supervision.

Q: Can I apply for clemency if I am a trafficking victim and was convicted of an offense as a result of the trafficking?

A: A person who has been convicted of an offense in Section 20A.02, Trafficking of Persons, Texas Penal Code, may apply for clemency by completing a Full Pardon application which is available on the agency’s website.
Q: Is clemency available for a trafficking victim?
A: Yes. A person who has been convicted of an offense listed in Section 20A.02, Trafficking of Persons, may apply for clemency by completing a Full Pardon application which is available on the agency’s website.
Q: How can I obtain a copy of a proclamation?

A: The Board is not the official record holder in clemency matters, however requests for proclamation copies may be directed to:

The Secretary of State
Registrations Unit
Statutory Document Section
P.O. Box 13550
Austin, Texas 78711-3550
(512) 463-6334

 

Updated 09/03/2013

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