Monday, September 1, 2008

Applying For a Texas Pardon

Last week we looked at Texas executive clemency (pardons) and the opportunity convicted persons have to restore their citizenship rights through full, conditional, or innocence based pardons.  Now a short study of how folks go about applying for a pardon.

The pardon process begins with a lengthy application process. Before beginning the Board of Pardons and Parole recommends the applicant obtain the following documents: (1) offense reports for any arrests; (2) certified court documents for these arrests including complaints, indictments,  judgments, orders of dismissals, etc; (3) an official criminal history statement from their local county sheriff; and (4) three current letters of recommendation from persons other than family members who are familiar with the applicant.

The official pardon application form is found at the Board of Pardons and Parole website.   After downloading the handy form allowing an applicant to fill in information using a standard word-processing program, the person carefully completes the application using the pardon application checklist, also provided.

There are limitations to applying for executive clemency in Texas, however.  The Board will not consider a full pardon requests for the following cases: treason, arrests with no conviction, deferred adjudications, early dismissals from probation, Class C misdemeanors, out-of-state felony convictions, federal convictions, or applicants who were denied a full pardon less than one year prior to the present application. 

An application for a pardon in Texas can be a tricky process.  If you are interested in seeking a pardon, contact a qualified Texas criminal defense lawyer to assist you in preparing the application. 

168 comments:

Anonymous said...

What are options if 1)You have been told by 3 lawyers that your case is not expungable due to me being convicted of a class c misd. and pleading guilty and not finishing my deferred adj and 2) On the pardon info website, it states that Texas does not grant pardons for Class C misd. I got arrested for theft of service back in 2000 for under 50.00. The only trouble I have been in. I am going to school for pharmacy tech n then on to a pharmacy program but I do not want this on my background as I cannot find gainful employment due to that class c misd.

Stephen Gustitis said...

The lawyers are correct that you cannot get a theft conviction expunged. Further, if the Texas Board of Pardons and Parole says they don't grant pardons for class c misdemeanors, it appears you have no further options.

Zeroforty said...

Hi Ive read the requirements for applying for a pardon on the Texas Board of Pardons website. I am a Network Administration student and was arrested for PCS less than 1 gram in Oct of 2004 and was given deferred adjudication but violated probation and then convicted. I was wondering if I can still apply for a pardon as I have not been in any other kind of trouble before or since.

Stephen Gustitis said...

Zeroforty: If you have been convicted, you can apply for a pardon. Thanks for posting your comment.

Anonymous said...

I was convicted of unauthorized use of a vehicle in Texas in 1996. Three years later I plead guilty to DUI in Louisiana, of which my record was sealed after completing community service, AA meetings, and paying a fine. I want to apply for a pardon of the unauthorized use of a vehicle conviction, but I'm wondering if I have to provide an arrest record of the DUI in Louisiana? Thank you.

Stephen Gustitis said...

I believe the directions for applying for the pardon will require you to provide this information. If you have any questions, contact the Texas Board of Pardons and Parole.

Anonymous said...

Hi, I have a Forgery (Felony reduced to a Misdemeanor). I was wondering what Class the Misdemeanor would be if it had been reduced? I am trying to see if I could get that pardoned or not considering? Thank you for your help

Stephen Gustitis said...

As long as your forgery case was not reduced to a class c misdemeanor, I believe you can apply for a pardon if your case resulted in a conviction.

Anonymous said...

I have a Class B Misdemeanor arrest from 2001 for posession of marijuana. I took the blame for someone else and plead guilty to it b/c they were already in legal trouble and this would have revoked their bond and sent them directly to jail. I was given a $200 fine and a suspended driver's license for 1 year b/c I was under 21. I have been told that I am ineligible for expungement and that my only course of action is a conditional pardon from the Governor's office. I have never been in legal trouble since and have gone on to graduate from college and secure a teaching license from Texas, however noone will hire me b/c of this incident. Is the information I was told about the pardon correct and if so, is this something I should attempt on my own or would I need legal assistance?

Stephen Gustitis said...

It is possible to apply for a pardon from a Texas misdemeanor conviction. Applying for such a pardon is generally more difficult than applying for a felony pardon since one must show extraordinary circumstances which would justify the misdemeanor pardon. You do not need a lawyer to help you apply for a pardon, but often a lawyer can help you prepare a "better" application than one done on your own. It's your call. :-)

Anonymous said...

Hi, I was giving a 8 year deferred adjudication probation in 1989. In 1991, I got mixed up with a friend and was giving a accessory of agg. robbery with injuries, and my probation was automatically revoked, and I was giving a 20 years sentence for this. Since 1991, I have not been involved with the law in any way, I have graduated from a technical college and now I am going for an Associates degree. Will I be able to apply for a pardon?

Thank you so much

Stephen Gustitis said...

Dear Anon: Yes, you can apply for a pardon. Your chances of success, of course, depend upon your particular situation. Please refer to the Texas Board of Pardons and Parole for further information.

Anonymous said...

my uncle he is in prison and i wonder if he apply for full pardon too or he need to do a different process

Anonymous said...

Hi, I am 17 and I was arrested for theft and since it was over $50 i assume it is a Class B misdemenor. I would like to know if i should ask for a defferment, or if i can get it expunged, or what would be my best option? Please help

Stephen Gustitis said...

Yes, your uncle can apply for a pardon. Please check the Texas Board of Pardon and Paroles website for details. Thank you for writing.

Stephen Gustitis said...

Regarding your theft charge, please consult with a qualified criminal defense lawyer who practices in the county where your case is pending. This lawyer should be able to provide advice on your best options.

Anonymous said...

Thanks for taking time to answer these questions. I have one of my own. I was arrested for PI and one other traffic-related misdemeanor in 2007 (both class C's). I asked for a payment plan at the time, which resulted in a guilty plea. Long story short, I am having much trouble passing a DHS comprehensive background check because of these two convictions. I've been advised that my only real option at having a crack at getting these to go away is a pardon. I am trying to get a job with a major airline to be a pilot, which I went to school for, and have had no other legal problems. Do I have any reasonable chances for a pardon? Do I have any other methods for getting these charges expunged and sealed? I know pardons have a low success rate, but I'm trying to gauge something tangible before I hire an attorney for naught.

Stephen Gustitis said...

Thanks for your question about applying for a Texas Pardon. Regretfully, the Texas Board of Pardons and Parole will not consider applications to pardon class c misdemeanors. It is unfortunate, unfair, but sadly the current policy. Sorry I could not help you any further.

Anonymous said...

Hi, I have a DWI conviction in May 2007, and would like to file for a pardon because I will apply for Law School next year and dont want that on my record. Will it be very hard to get the Pardon for a DWI conviction?

Stephen Gustitis said...

You can access the parole application information on the Texas Board of Pardons and Parole website. You can apply for a pardon from a misdemeanor conviction, but you'll need to demonstrate exceptional hardship for the Board and governor to approve the application.

accb7fd4-fff1-11e0-b373-000f20980440 said...

i have a class b misdemeanor and 3 different class a misdemeanors that have happened since 2009 would i be able to get a pardon

Stephen Gustitis said...

Go to the website for Texas Board of Pardons and Parole. Find the application and directions for applying for a pardon. Follow the directions, prepare the application, and submit it. From there it is up to the Board and the Governor.

Anonymous said...

I was convicted in 2009 for 3 counts of tampering with government record. I served one year in state jail. I have never been in trouble. i did not have any restiution to pay, but I still owe money to some people. i would like to repay this money. Would this increase my chance for a pardon being granted?

Anonymous said...

I am currently on probation for aggravated assault with a deadly weapon. I'm also still currently in the Marines and a combat veteran. Can I get pardoned while still on probation, or even when I get off for that matter?

Stephen Gustitis said...

If you have been convicted, it is possible to apply for a pardon. Go to the website for Texas Board of Pardons and Parole. Find the application and directions for applying for a pardon. Follow the directions, prepare the application, and submit it. From there it is up to the Board and the Governor.

Stephen Gustitis said...

Paying back restitution in-full could only help any application made for a pardon.

Anonymous said...

I was covicted almost 11 years ago of POCS less than a gram after I messed up and had my deffered adj. probabtion revoked. I spent 1 year in state jail. I have been in no other trouble since. I have read numerous sites that say I am ineligible for a pardon or expungement and some that say I am can you please clarify whether or not I am eligble for either? Thank you in advance.

Sam said...

Hello, I was placed on Deferred Adjudication Probation for a felony theft in 2001, I successfully completed Probation in 2009 where my case was dismissed upon completion of probation, I would like to be a police officer. Is it possible to apply for a pardon to have my record expunged to apply for a police department in the state of Texas or any where for that matter?

Stephen Gustitis said...

Sam: My understanding is that even a full pardon will not make a person eligible to be a Texas Peace officer. See http://www.tdcj.state.tx.us/bpp/exec_clem/exec_clem.html

Stephen Gustitis said...

Anom:
I believe you can apply for a pardon. Please check the Board website for details. http://www.tdcj.state.tx.us/bpp/exec_clem/exec_clem.html

Mai Julay said...

Mr. Gustitis,

I read above that cases with deferred adjudication are not considered for a pardon. My case was a state jail felony/credit card abuse/deferred adjudication. I was on probation for three years and was granted early termination upon successful completion of all the requirements. In your opinion, should I try for an expungement? I am trying to do as much research as I can before consulting with a lawyer in my county. Through the eligibility check test on record gone.com, I was inadvertently led to you. I will read the requirements on the Texas Board of Pardons and Parole, however, I would like to hear what you have to say. Thank you.

Anonymous said...

So it would seem that early termination from probation can actually be a bad thing. I was released early from felony probation. Since I cannot request a pardon, do I have any recourse to have my records sealed, expunged, anything?

Jonathan said...

In 2009 I received deferred adjudication for class a misemeanor theft. I completed that probation in a few months and received an order of nondisclosure a few months ago. I would like to visit Canada and I know the order of nondisclosure does not help gain entry and am wondering if a pardon would help? I also am wanting a pardon just to clear everything, which the order does not do. I know Texas passed an amendment allowing pardons for deferred adjudications. Is it possible for my case and worth Pershing?

jeg said...

In 1981 i was convicted on two felony counts of delivery of 1 ounce of marijuana. I served 18 months probation of a 5 year sentence and was released early from probation. The charges were adjudicated. I have had no furhter problems. Does the adjudication limit me from a pardon?

Anonymous said...

hello , i have a 8 year sentance of probation with defferred adj however due to the charge i ahve i have to register as a sex offender ,when can i apply and can i apply for a pardon , and if i do get one would it mean that i can get to stop regesteing after that ?

Anonymous said...

Does the full pardon restore gun rights? And would a felony possession of a firearm be a pardonable offense? Do you think that a "sob story" would be more effective in obtaining the favor of the governor?

Mr. cummings said...

Hi, I got a conviction for evading arrest in a motorvehicle, was sentence to 1 year deferred adjudication probation and failed to complete it, then was sentenced to 6 months state jail. Will i qualify for a pardon?

Mr. cummings said...

Hi, I got a conviction for evading arrest in a motorvehicle, was sentence to 1 year deferred adjudication probation and failed to complete it, then was sentenced to 6 months state jail. Will i qualify for a pardon?

Anonymous said...

I got DWI 3rd degree felony (3rd DWI I know its stupid please no lecture). Anyways...I can't find a job for this so I am moving to Russia for work. So I am trying to get early dismissal from probation. Lawyer says that my case it should be pretty easy. After all why wouldn't you want to stop a serial drunk driver from leaving the country?

How does this effect pardoning though?

-Yusupov

Anonymous said...

Do I under the guidelines correctly? Thirteen months ago, my son was sentenced to 30 days in jail and 2 years probation for a 2nd DWI. He went through rehab and has been sober for 1 year. The part I'm not sure I understand: if he released from parole early, he can't apply for a pardon? If that's the case, he should not seek early release from his parole, correct. swtrader

Stephen Gustitis said...

A person can apply for a misdemeanor pardon, it is much more difficult to get one, as the applicant must show special circumstances. Please refer to the website for the Texas Board of Pardons and Parole for more information.

Stephen Gustitis said...

You can't get released from DWI probation early. Please refer to the Texas Code of Criminal Procedure, Article 42.12. If you want a pardon, please visit the website for the Texas Board of Pardons and Parole for more information.

Stephen Gustitis said...

Mr. Cummings:
You can apply for a pardon for a misdemeanor conviction, but they are much more difficult to obtain. You must show extraordinary circumstances. Please check the website for the Texas Board of Pardon and Paroles for more information.

Stephen Gustitis said...

Mai:
If you successfully completed deferred adjudication for a felony, you may be eligible to get your records sealed with a "Order of Non-Disclosure" after the 5 year waiting period. Some offenses are never eligible for non-disclosure, even if you complete deferred successfully. So, please consult with a qualified criminal defense lawyer in the area to help you.

Tommy said...

Dear Mr. Gustitis,

In 1998 I was convicted of Unauthorized Use of a Motor Vehicle. I was sentenced to 10 months state jail which i served. I joined the Army and served perfectly and was recently discharged for injuries i received while in combat. Now as i am trying to move into the civilian workforce i realize i cannot get a decent job with my disabilities as well as my State Jail felony conviction. I have put together my paperwork and application for a pardon. I have also read and been told I am more likely to become the new owner of a Unicorn before i will actually get pardoned regardless of the fact i served or have not even had as much as a speeding ticket since my childhood mistake. Can you give me an estimate on the odds of me getting pardoned. Also is there any way to ensure the governor of Texas looks at my application or circumstances. Also once I do have my pardon or clemency, can I hire legal representation to have the original court completely remove my felony from my record? Thank you.

Stephen Gustitis said...

Tommy: Your chances of obtaining a pardon are about 8% in Texas. I know that is not much of a chance, but it is better than 0% if you don't apply. You have nothing to lose by applying for a pardon, so please do so. Hiring a lawyer to "undo" the conviction is much more complicate and expensive. You could spend between 10-20k for a post-conviction investigation and get nothing out of it. But only a qualified criminal lawyer can investigate the case and give you an informed opinion about pursuing such action.

jeff12 said...

jeff hopkins county i was convicted of a felony in dec 1993 the offence happen in march of 1993 i served 3 yr probations what the best way around either sealing this record or removing it...

Stephen Gustitis said...

Jeff: You'll need to apply for a full pardon from the Texas Board of Pardons and Parole. If granted, you can then apply for an expunction to clean your record. The key point here is having your pardon application granted. Thanks for visiting.

Anonymous said...

Hello I have 5 dwi 3 of them felonies the last in 2004 I don't drink any more and served my time and finished parol two years ago. Would a attorney help me get a pardon or is it even possible?

BigJimmyW13 said...

Hello, since this was first written there have been some legislation changes allowing deferred adjudication applicants. I was sentenced to 10 years DA in 8/05 and am capable of early dismissal. However, I'm afraid if I get my DA dismissed early I will not be eligible for a pardon. Would this be the case or will different rules apply for DA?

Anonymous said...

Hi, Thank you for all of advice on your blog! I am in the exact same situation as Anonymous commented immediately above. Can you provide me with a few examples that could be deemed as exceptional hardships by the Board?

Amanda said...

I have been convicted of 5 felonys. So embarassing to say. 3 possesions, forgery and fraudulent use of identification. All of these over 5 years ago. I am now married to a wonderful man with 2 sweet little boys. I have been working in the medical field for the past 2years, which is a miracle in itself. I feel hopeless regarding these felonys sometimes but there has got to be a way to get these felonys off my record. Am I eligible? Thanks.

Anonymous said...

Hi, i was convicted of possession of controlled substance (crack) back in 1996.I was placed on probation and violated and was sunt to prison, i was released in 1998 and have not been in trouble sence im wanting to know how can i get my back ground cleared or something. I have a new business and im trying to get bonded and insured.

Anonymous said...

I was convicted of burglary of a habitation in 2009, since then I have completed probation as well as received a BA. Is there any way to get this expunged or pardoned.

Stephen Gustitis said...

Please access the Texas Board of Pardons and Parole website for information to answer your question. You will find downloadable forms and instructions on how to apply for a pardon.

Anonymous said...

Hi i got a class a misdemeaner for deadly conduct and got it deferred adjudication.. i completed my probation and now have a associates degree would i be eligible for a pardon?

Stephen Gustitis said...

You are eligible for an Order of Non-Disclosure that seals your records from public disclosure. Contact a qualified criminal defense lawyer in your area to discuss this matter.

Anonymous said...

I was convicted over 12 years ago for Possession of a Dangerous Drug. The drug in question was one half of one tablet of Viagra. No I am not joking. I could not afford decent counsel and my attorney convinced me to plead guilty. I bought it in Mexico just to see what it would do for fun. Now I have a drug conviction on my record and I look like a screw up. I did also Get a DWI which is how the pill was found, would that make it more difficult to get this pardoned? Basically my question is does other criminal records make it more difficult to receive a pardon? And how frequently are they given? An I wasting my time even trying?

Stephen Gustitis said...

The chances of obtaining a pardon in Texas are about 8% if you apply for one. If you don't apply for a pardon, your chances of obtaining one are zero. So it's up to you whether this is a waste of time, or not. I suggest going to the Texas Board of Pardons and Parole website and downloading the application and the directions. Prepare the application and send it in. The worst thing they can say is "no."

Anonymous said...

My hope is that the ridiculousness of the circumstances as well as the slight humor factor will raise my chances a bit. It will certainly stand out from the other many thousands they receive. I have a relative on the City Council here and a lot of police officer friends who will write me good character records. I'm also now a licensed Paramedic and Commissioned Security Guard and PPO. Aside from good credentials and references, are there any other tips you can offer? Is telling my story in short form better than elaborating? And should I take advantage of the humorous nature of the offense by making my narrative funny or would that look like I don't take it seriously and do more harm than good? Sorry for all the questions, just wanna get it right.

vsuniga28 said...

How is it that my class b misdemeanor for possession of marijuana in 2007 ..with successful completion of probation ..and no trouble since , not eligible for a pardon ? in order to have it expunged apparently i must have the charge pardoned ..so am I deemed a "criminal" forever regardless of my attemps to prove myself as a normal citizen? Why is the system willing to give felons w severe cases a pardon ..and an ex pothead can't catch a break? I'm almosst near completion of my BA ..unfortunately I feel its a waste because I am unclear of the eligibility..can u help? Am I always going to be a criminal?

Anonymous said...

My dad was arrested and convicted buglary he was sent to pdison at age 16 he is now 56 and hasnt neen in any trouble since he wants to hunt wjats tbe chances of him getting his right to bear arms restored he broke into a house it wasnt agg. And noone was hurt he has no violent history wjat so ever yhanks for your time

Stephen Gustitis said...

Please access the Texas Board of Pardons and Parole website, download the pardon application and directions, then have your dad make a run at a pardon. The worst thing they can say is no. Good luck!

Cody said...

Hello Stephen, and thank you SO much for answering questions on here. I was arrested when I was 18 for Injury to the Elderly which was reduced to a class B misdemeanor which I plead guilty to and was convicted. I was then charged with a subsequent assault-body injury-family member felony, which I plead guilty to and successfully completed 2 years of deferred probation. Long story short, I had just lost my grandpa and my oldest uncle an I were getting into several fights as I was the beneficiary and this displeased him. I am now a grad student at Texas Tech university majoring in Computer Science and have had very stable employment on campus for the past few years and haven't been in trouble with the law since(about 6 years ago). What are my chances of being pardoned in this case? Is it as true as they say that literally no one is given a pardon? I think I read that only 179 people have been pardoned in Texas by Gov. Perry. Also, I know I can't get pardoned on the deferred adj. until 10 years after the disp. I should also mention that I have SEVERAL letters of recommendation, including my uncle, my former probation officer, my fiance', the director over my place of business, and several friends and family members.

Anonymous said...

I find it pretty odd that I am posting immediately after someone who is also a student at TTU. Here is my question... I was convicted of a class B misdemeanor assault against my wife in 1995 and sentenced to 30 days time served. Since then, I have also been convicted of a DWI (1998) and a misdemeanor charge of selling an alcoholic drink to an impaired person (2008). Both of these probation terms were completed and since then I have not been in any trouble. I am currently a senior at TTU and have seriously considered applying to Law School. My chances of obtaining a decent job upon graduation look pretty slim right now. I have great grades and a ton of people who would be willing to write letters of recommendation for me. My question is, if I am denied a pardon, will I have the opportunity to continue to apply or is it a "one shot" type of deal? And do my chances increase if I do hire an attorney to handle the process for me? Thank you.

Stephen Gustitis said...

Thanks for your comment. You can apply once a calendar year for a pardon. You don't necessarily need the help of a lawyer. Check out the website for the Texas Board of Pardons and Parole and look at the "clemency" section. That information should help answer your questions.

Anonymous said...

Hi,..
Im curious if I can have any of three Misdemeanors Pardoned from my record? I have two misdemeanor class "A" burglary of a vehicle charges, and one Misdemeanor class "A" theft charge. Is there any possibility there?

Anonymous said...

There are many UPS and downs to my case in which it is a serious one. My charge was sexual assualt of a child. The child being my current fiancee whom I have 1 child with and another on the way. I recieved a 5 year deferred probation in which many of the normal stipulations were removed due to the fact that we still want tp be together. I was 21 at the time and she was 15, we are now 23 and she is 18 and still going strong. I want to be able to provide for my family and move forward with our lives but with case on my back, it really seems like it would be darn near impossible. Is there anything at all that I can do? Anything? Please let me know and thank you!

Anonymous said...

I have to say that after looking at all of these stories of people on Deferred Adjudication, I realize that the Texas justice system is severely broken. It seems as though D.A. is used as a quick and dirty way of clearing cases. My offense is a non-violent, non-involvement of another human being, and here I sit 11 years after the offense, and 3 years after early dismissal. I know that this thing will walk with me for the rest of my life. Tens of thousands of taxes paid, no other issues, ever, and I can't get away from this.

Stephen Gustitis said...

If you have successfully completed deferred adjudication, you may be eligible to have your records "sealed" under an Order of Non-Disclosure. This type of order will not remove your records, but will stop the government from releasing them into the public domain. Please consult with a criminal defense lawyer about the possibility of getting an Order of Non-Discolosure. Good Luck.

Rainbow conti said...

My husband was convicted of two counts of indecency in June of 2010 and was given a ten year suspended sentence of community supervision. We have been in the appeals process since the conviction and just filed a writ of cert in the us supreme court. However the court of appeals issued a mandate to invoke his community supervision which happened yesterday. I will also add that he still has had to register with the county which he has done for the past two years without fail. I was wondering if he would be eligible for a pardon as he has been registered now for two years. We are obviously looking for an innocence pardon as he maintains his innocence and all his friends and family also stand behind him. We are currently navigating the appellate process pro se. I'm sure my question may raise other questions for you and Im more than happy to clarify anything and speak to you personally. Kindest regards rainbow conti

Susie Q said...

I requested a Full Pardon from the State of Texas. I've not had any offenses since 1987. My crimes were credit card abuse, forgery, theft, and prostitution. I've lived a very productive life,and was sure they would grant it. The Board decided by majority not to recommend a full pardon so my case didn't reach the governor. I'm devastated. What can I do? and What is their reasoning?

Anonymous said...

I have two felony convictions from 1992 for Possession w/intent to deliver (2 different) controlled substance(s). I was sentenced to two 15 year sentences which ran concurrent. Served 5 and a half years of incarceration then 9 and a half years on parole.It has been over 5 years since I discharged the two 15 year sentences. In Texas, what are estimated costs associated with getting a full pardon and getting my right to bear firearms restored if I hired an attorney for guidance and assistance? In addition, what do you feel my chances are, percentage wise, to receive a full pardon and restoration of firearm rights? Last, how difficult is it to receive a presidential pardon? Note, my resume over the passed 15 years is very positive. I am a humbled family man, have owned a successful business, current owner and president of a charity for special needs individuals, and I am a fortune 500 executive. In conclusion, these felonies are 20 years old. Thanks for your time Mr. Stephen Gustitis!

Stephen Gustitis said...

Please access the Texas Board of Pardons and Parole website, download the pardon application and directions, then make a run at a pardon. The worst thing they can say is no. Good luck and thank you for your comment.

Anonymous said...

I was arrested for class b misdemeanor of theft of property in Texas... I took the charge for my 15 year old daughter who was with me in a store and shoplifted $80 value. My best option I was told would be pre trial deversion. I am in my 30s and before this squeaky clean record. I thought at the time it would be in my child's best interest to take the blame and keep her out of trouble. I work for a financial institution and I'm worried that the next promotion I receive will include a background check and I will be terminated because of the arrest that just took place in September.... what are your thoughts?

Stephen Gustitis said...

My thoughts are your current arrest record may impede your professional advancement. Once you successfully complete the pre-trial diversion, consult with a local defense lawyer about obtaining an expungement of your arrest and court records. Good luck.

Cher said...

I have 3 forgery of a financal instrament. I had never been arrest prior to the these arrest, I was on def probation and due to not having a job (always looking for one) I could not make my probation payments and had it revoked, I did 6 months state jail, can I apply for a pardon? The only other arrest I have is for 2 tickets (couldn't pay for probation or the tickets)

Stephen Gustitis said...

Cher:
Please check the website for the Texas Board of Pardons and Parole. Click on the clemency link on the left. You'll see information and directions about applying for a pardon. I'm sure you would be able to apply for one. Thank you for your question.

Anonymous said...

I am planning to apply for a pardon but I was wondering what the letters of recommendationneed to cover.

Stephen Gustitis said...

Please follow the published directions regarding the reference letters. The letters should include information about you which might be relevant to your suitability for a pardon.

jeff12 said...

hello i was convicted of a felony in hopkins county texas back in 1993 it was for organized criminal activity/forgery by passing, art 32 21 (d) pc i receive three years strait probation i want to see about getting a pardon so i can expunge this from my record my email is malfore2@yahoo.com what do you charge for this......and what are my chances

Stephen Gustitis said...

Jeff: your chances of receiving a pardon are about 8%. The worst thing they can do is say no. So, access the Texas Board of Pardons and Parole website, download the application and instructions, and file for your pardon. Good luck.

Anonymous said...

Does earning a university degree and being free from any trouble for over ten years increase my chances of getting a pardon for a misdemeanor assault DV? I'm having trouble finding a job that doesn't hold the conviction against me, thus making me less marketable.

Stephen Gustitis said...

Your accomplishments in education and staying a productive member of society will, of course, help in your effort to obtain a pardon. There are no guarantees, however, I suggest applying for the pardon since the worst that can happen is they tell you no. Good luck.

Anonymous said...

Yes, I was convicted of a felony level 2, but not a State Felony.I was given 5yrs probation and 90 days in jail,I served 35 days and was released.I paid all my fees did my comm service and never violated my probation. That was 9 yrs ago. That was my first & only arrest, nothing before & nothing after. What can I do to remove this from my record,I'm limited where I can work, mainly temp services. I will recieve my Ba in Accounting in 3 more semesters from Ga Tech. My charge was in Vidor,Texas Orange county. Please let me know who should I contact and what should I do. Thank You.

Stephen Gustitis said...

Please access the website for the Texas Board of Pardons and Parole. Click on the link for "clemency" and start your study. Good luck.

Anonymous said...

July 19, 2012 was my 10 year anniversary of completeing my deferred adjudication. I immediately applied for a full pardon. It took a full two days to gather all requested information. (and a lot of driving)I put together a stellar binder that contained EVERYTHING! I also made a table-of-contents and added dividers. I can honestly say, "I gift wrapped that sucker!" It was beautiful! With no prior anything, the blemish of a felony theft, no post probation problems, a bachelors, a masters, 3 letters of recommendation from friends (lawyer, cop, and 20 yr bff)a successful career in education and I was approved by the board today for a full pardon. I have my fingers crossed that Mr. Perry has no issues signing off on the final disposition. Just wanted to provide everyone of a scenario of success. Btw, my application was accepted in August.

Stephen Gustitis said...

Congratulations on your superb effort in applying for the pardon. We all wish you the best of luck. Thanks for the important update.

Anonymous said...

Hi I pleaded guilty to a class b misdemeanor in 2004 for theft under code 31.03(e)(2)(ai). I did this because my lawyer advised me to do do so The case would be over. However I didn't know then that this could not be taken off my record. Now I'm done with college and want to get a better job but I'm hesitant due to this on my record. Is a pardon a option on this case. I have not gotten in any trouble since then. Think you in advance for your help.

Stephen Gustitis said...

Check out many of the previous comments about accessing the Texas Board of Pardons and Parole website. Good luck and thanks for your question.

Anonymous said...

Thank you, it's nice that you take the time to respond to people's question and are so helpful.

Stephen Gustitis said...

of course. :-)

Anonymous said...

Hello. I was arrested for a DWI in 2008 and got a final court decision on 2009 (first offense class b misdemeanor). I underwent the rigorous obligations of the conviction: probation, community service, breathalizer machine installed into my vehicle. Since then I have stayed far away from anymore trouble. I've focused on school and will be graduating with an associates degree in summer 2013. With that said, I have been trying to apply for employment with big companies, however, am having no luck due to the background checks. Is my conviction eligible to apply for a pardon? Not asking if it will get pardoned or not, but will it even pass the check list? Thank you for your time.

eddie cardona said...

hi am very curious and ive asked my lawyer but he never answers my questions its like i just paid someone to guide me through the legal process and get charged. i have 2 dwis pending. i would to see if i do get charged once im done can i get a pardon since they will both be misdemeanors. i am a college student idk what degree to go for since i have 2 pending dwis. what do you recommend me?

lj said...

Hello, I wanted to ask a question. I have two misdemeanors on my record. One in 2002, the other in 2003. The first is a class b misdemeanor theft (less than $50 ). I was given deferred ajudication and months probation. I technically completed all community services, paid fines, however on the early morning hours of my hearing to be released from probation I was arrested for possession of marijuana. The courts saw it as probation violation. I served 30 days in jail. Is there any way can apply for a full pardon???

Anonymous said...

I was convicted of a felony in 1988 for passing two counterfeit $100 bills. I received three years probation but completed in less than a year and half. Am I eligible for expungement and restoring gun rights?

Stephen Gustitis said...

If you were convicted of a felony, you must receive a pardon before you can receive an expungement. The restoration of gun rights is an entirely separate issue. Please refer to the Texas Board of Pardons and Parole website.

Stephen Gustitis said...

If your lawyer is not answering your questions, I'd recommend getting a different lawyer. If you are convicted of DWI, the chances of getting a pardon are less than 8%.

Anonymous said...

in 1998 I was given 10 years deferred adjudication my girlfriend was younger than me to make a long story short my probation was revoked and I was send to the Texas Department of Corrections. I have been out for 7 years and have not gotten into any trouble I just want my life back

waiting. in limbo said...

Hello
i was charged with a poss cs felony 2nd degree cort disp says defferd this was in 6/5/98 then on 6/4/99 went to court was convicted of a class a misdemeanor went to jail for 20 days paid fines the motion to revoke on the felony says motion to revoke denied am i still able to have the felony adjudicated since it was not changed to a guilty final pleading i have a good job and not even a speeding ticket since this i now live in florida married kids own a home thanks for your time and help

waiting. in limbo said...

hello
i was charged with a 2nd deg felony for poss of a cs in 06/05/1998 recived defferred and 5 yrs probation well on 06/04/1999 i was charged with a class a misdemeanor which i plead guilty 20 days plus fines there was a motion to revoke but it said denied on the records will i still be able to seal the felony charge i pulled my records and it still has deferred as court disposition ihave a good job and family and a home in florida now what are my options with all this i have not even had a speeding ticket since this thanks for your time

Max Tallon said...

I have been researching on how to restore my civil rights back and expunge my 2000 felony conviction in Texas. I am living in the west caost now and have not been in trouble with the law since serving my time for the POM charge. I recently received a PFEC from the DOJ stating i was eligible to possess and purchase firearms but was denied because of my out of state conviction that is in the FBI NICS database. Do I need to apply for a pardon before I can receive my right to bear arms back and have my felony expunged??

Anonymous said...

Hello, in 2006, I was with a girl who tried to rip shoplift $530 worth of stuff, she got caught, and I took the fall. Is there any way I could get a class A theft reduced to a B so I can go back into the military?

Brittinay Hendrickson said...

Stephen I have read all of your prior posts and I didn't seem to find anything that would be in resemblance of my case. I received a 2nd degree felony for aggravated adult with a deadly weapon in December 2008. I went to trial and received straight probation. The judge sentence the probation at 10 years (he wasn't happy with the verdict). This December I was contemplating about petitioning for an early release, however I have been studying up on the pardon requirements. I have received 2 associates and am working on my bachelor's to prepare for law school after I take my LSAT. But the board of law examiners states you must wait 5 years after probation ends to apply to study law. Would I still be able to apply for this pardon if I'm currently on probation? I'm seeking every opportunity to get away from the 5 years I have to wait to enter law school. Also if it helps, my probation officer knows I'm not a bad person just had the wrong place wrong time issue and legally he only had to see my face every 60 days.

Whitney Shields said...

Hello i was charged with theft under 50 a class c misd. i pleaded no contest and was released on time served 30 days in jail. Is it true that i cant get a pardon.

Stephen Gustitis said...

Whitney:
The governor rarely grants pardons on class C misdemeanors. With that said, go the Texas Board of Pardons and Paroles website and learn how to apply for a pardon. The worst thing they can say is "no." Good luck.

Stephen Gustitis said...

Waiting in Limbo:
Contact a criminal defense lawyer experienced in applying for non-disclosures. You may, or may not, be eligible for one on your felon deferred. If it has been 10 years since successful discharge on your felony deferred, consider applying for a pardon. Visit the Texas Board of Pardons and Parole to learn how.

Anonymous said...

Hello.

I was convicted in 1996 at age 18 for aggravated assault with a deadly weapon for which I served 5 years flat. I was released in 2001.

The case was over a girl telling me that she was raped and involved me meeting up with him in a local community collage and hitting him with a pipe.

This guy and the girl have stated that she was lying to me and that I was duped into it.

I'm a very honest and law-abiding person. What chance do I have in receiving a pardon?

Stephen Gustitis said...

Brittinay: My guess is you are not yet able to apply for a pardon. However, please consult the Texas Board of Pardons and Parole website and investigate the "clemency" link. The directions there will best answer your questions. Good luck with law school! Do not allow this conviction to deter you.

Stephen Gustitis said...

If you are interested in receiving a pardon, you must apply for a pardon. The best resource you have is the website for the Texas Board of Pardons and Paroles. Go to this website and click on the "clemency" link to access detailed directions and forms you can download. Follow the directions, prepare your application, and submit it to the Board. Generally, people have about an 8% chance of being granted a pardon. If you don't apply, remember you have a 0% chance. Good luck.

Anonymous said...

In 2001 I pleaded guilty to attempted burglary of a building. I was given a fine and nothing else. I was wondering if I could have my case pardon.

Angie said...

I am looking at applying for a pardon on a felony conviction of Hindering the Apprehension. I just completed 10 years probation on this conviction. Can I file for a pardon? Or is there a waiting period? Also, I was looking at the referral letters needed for the pardon, who would you suggest I get to write these letters and can it be more than 3? I want to make sure that I have my ducks in a row. One more question, is it better to have a lawyer help me with this process?
Thank you for your time

Jordan Dietrich said...

I was given Deferred Adjudication on a State-Jail-Felony on a PCS in 1994, but violated and was convicted and put back out on regular felony probation. Am I able to still apply for a pardon as this was a SJF and not a 1st,
2nd, or 3rd degree Felony?
Thank you in advance for your response.

Stephen Gustitis said...

Jordan:
Please refer to the Texas Board of Pardons and Parole website to help answer your question. Click on the "clemency" link and I believe all your questions can be answered there. Thanks for your comment.

Charlotte Rivas said...

I have a misdemeanor (theft), deferred adjudication (2009), not convicted. I believe I do not qualify for a full pardon and I am not eligible for expungement only sealing the record.

If my record is sealed and I am applying for employment as a lab technician at the University of Texas Medical Branch, will they have access to this?

Do the other types of pardons (e.g. conditional) allow you to expunge the record afterwards?

How long do they take?

With this misdemeanor, am I eligible for the other types of pardons besides the full pardon?

If the record is already sealed, can the pardon be given to me anyway?

I appreciate your service!

Stephen Gustitis said...

Charlotte:
Thanks for your question. An order of Non-disclosure seals your record from "public" viewing. That is, once the record is sealed, the government agencies who possess the record are forbidden to release it into the public. Whether a potential employer could see the sealed record depends upon what databases they have access to. I don't know which data UT has access to, so answering that part of your question is difficult. I know that a granted full pardon would make you eligible for an expungement. I do not believe a conditional pardon provides that benefit, however the Article 55 of the Code of Criminal Procedure does not indicate a "full" or "conditional" pardon as a prerequisite to expungement. Finally, check the rules on the Texas Board of Pardons and Parole website for applying for a pardon after deferred adjudication for a misdemeanor, and whether that is possible.

Anonymous said...

I got a dwi and got on the divert program I violated on my home device for takn cold meds so I know I will get kicked off the program more likely so is there any chance I can either way get this off my record or apply for this pardon somehow even though I had already been givin the divert before..

Anonymous said...

I got a dwi in aug of last year and was given to be on the divert program recently I violated on my home device for taking meds for a cold and well its a no tolerance so Iwas kicked off the program and getting straight probation is there anyway I could apply for a pardon maybe after I'm done with my probation and everything else I have to do or is that it I can't do anything at all anymore..thanks L.Ortiz

Denny Jackson said...

Can you be convicted by 11 jurors before sentencing

Denny Jackson said...

In July 1996 my brother was convicted of murder he has been locked up almost 17 years he should have a miss trial it was a lot wrong in his case if you can look him up it will greatly appreciated his name is Kevin Perry Jackson his tdcj number is 00 791580 and see if you can give me any help thank you so much DENNY JACKSON

Anonymous said...

What if u moved out to a different state can u still get a pardon in a different state or you still have to get a pardon in Texas eventho you dnt leave there anymore...so moving out off state can be a solution

Stephen Gustitis said...

If you were convicted in Texas, you must apply for a pardon in Texas. Visit the website for the Texas Board of Pardons and Parole for further help. Thanks for your question.

Anonymous said...

In 2009 I was arrested for DWLI(driving while license invalid) and also possession of marijuana over 2 grams under 2 ounces. (the police officer pulled grass out of the floorboard of my car)! Anyways I was 21 and did not know what I was doing so when I was told to just simply sign a piece of paper and I would get a no fine with time served and that I could go I did it. I didn't realize that I was pleading guilty and this charge would haunt me on my record. It is a class B misdemeanor.
I have been told that because I plead guilty and it shows up as a conviction that I do not qualify for expungement. My question is do I qualify to at least get it sealed? I was not offered probation, deferred adjudication, or anything else. Just time served. It is very difficult to get a job everyone looks at me like a murderer or something when I go to apply at jobs. This is in Texas by the way.

Stephen Gustitis said...

Thank you for your question. A marijuana (POM) conviction IS NOT eligible for expunction, NOR is it eligible to be sealed with a non-disclosure. Only successfully complete deferred adjudications for POM are eligible for sealing. I regret I can not help you further.

Anonymous said...

I recived deferred adjudication for a class a mis.in texas, from what I have read, this can be pardoned, im I correct on this. IF so I am interested in contacting you for help.

Stephen Gustitis said...

Many misdemeanor deferred adjudications that have been completed successfully can be sealed through a process called "non-disclosure." Contact an attorney in the town where this happened to obtain more detailed information. As far as a pardon goes, please check the website for the Texas Board of Pardons and Parole and review the possibilities.

Anonymous said...

I was given early dismissal from probation for a felony conviction. Why does this keep me from being able to be pardoned? I still had to pay my entire fine and fees. I never would have accepted being let off early had I known it meant I couldn't get pardoned. The probation dept nor the judge who signed the probation officer's request ever mentioned this!

Stephen Gustitis said...

Why do you think early dismissal is preventing you from applying for a pardon? The issue was whether you were convicted, not how long your sentence was suspended. Access the website for the Texas Board of Pardons and Parole for further information.

Mia Guerra said...

Hi Mr. Gustitis. I've visited the Texas Board of Pardons and Parole website, and I have a question about the application for a full pardon of deferred adjudication and no other arrests or convictions. Do I only qualify to apply for a pardon if completion of deferred is 10 yrs old, or can I apply if my conviction is 10 yrs old? It seems to me, unless I'm mistaken, that the application states I can only apply after completion of deferred, but the TX Constitution, Article IV, Section 11 (b) states I can apply after the conviction OR completion of deferred. Please clarify as I find myself in the middle. I was convicted of the felony offense of Forgery in 2002 and received deferred adjudication. My probation was terminated on Dec. 2004. I have no other arrests or convictions. Thus, may I apply for a pardon now or wait until Dec. 2014? I need a pardon to fulfill my career goal of practicing law in TX. I have my J.D. and took the bar exam this July, but I have character & fitness issues to deal with due to this conviction. Please assist any way you can. Thanks!

Mia Guerra said...

Also, I've already been granted an order of nondisclosure in 2008. My next step is a pardon, then hopefully an expungement. Please correct me if I'm wrong. Thanks

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Hi my name is Travis and i was charged and convicted of theft over 1500 under 20,000 and was given probation but due to an unstable upbringing and certain situations i was unable to complete my probabtion and was given timed served due to all the back time that i had and i really ironically want to become a police officer or join the millatary . I wanted to know if i could apply for a pardon even though i was convicted and charged in 2001 and have only a few traffic tickets since all of this. I would love to get some feedback or insight into what can be done to handle the situation. Thanks for your time

Stephen Gustitis said...

Mia: The application for a pardon of a completed deferred adjudication requires the waiting period. The application for a pardon for a conviction does not to the best of my recollection.

Stephen Gustitis said...

Travis: If you review the original post and the comments you'll see you can apply for a pardon. Please visit the Board of Pardons and Parole website for the application and instructions. Good luck.

Anonymous said...

Hello. I got two DWI'S back to back in 1988. I got another in 1996 it made it a felony. Actually, that was the real begaining of my life. That is when AA for the first time was introduced to me. I got involved in AA and got my education. I tested at a 4th grade level. I had a cosmetology lic. and worked with apartment but a 4th grade education. I was fortunate enough to study for my GED and then through a special program the school had me complete some books and I received my high school diploma. I went on to get my real estate lic. I didn't have my drivers license I lost it for some time. People I had gotten.close in AA made sure to pick me up for school and meetings. My husband traveled alot to different countries he is a director in software Engineering. We moved due to my husband career and I just hadnt gotten myself connected in my new area as I was with.my AA family we left. I know today its always important to make sure im .a group in AA a home group who I can be close to that help me who know me. I had
myself experience a horrible traumatic experience and picked up a drink.instead of calling a AA member or getting.to a meeting. A drink.as never done me good or solved anything for me and proved once again I just create more negative to a life I was so very proud of. I threw away my years of sobriety and my the trauma I had to deal with. It was steal there. My sponsor in AA said you didn't throw away your years you know what youve learned , you just have to start over one day at a time. I did and its been many 24 hours. I was on a felony 10 year from 96 and picked up Feb. 27th 2003. I voilated my probation in UA I was called to do. I had an attorney on my case and while he was on my case I went to a rehabilitation with women in AA. I also started seeing a therapist to deal with my core issues. I got convicted 2004 Jan. Was given.a two year sentence the remainder of my of my 10 years but due to being under the 96 law I did 85% of my time of 11 months. since being released I am.still sober in AA with my sponsor. I still see my therapists. I have been fortunate enough to have a friend and husband for 27 years who has stood by me. I went on to get my instructors lic. im a certified makeup artist. I own my own businesses. I got to meet govern Perry while he was in an interview for a woman from fox news out of LA. I was her makeup artist and went with to Austin for all her interviews. I did the makeup for all the people in the interviews. I was a wonderful experience to meet such kind wonderful people. To be of service to them. I know God , AA and my will to want more for my life is why I have been fortunate. I believe anything.is possible. both my parents I never knew my daddy only nine months passed of cancer. I made sure I was right by his side to the end. I know if I had been drinking I wouldn't have been. my mom.just recently passed in a tragic way. im grateful I got to know her the last couple years of her life. I owe all that to God and the people of AA. I would have missed out on so much. its been some journey. I enrolled in College something I never though I would do but a dream. I love education and how it makes me feel about myself. I know in my heart as long as I am sober I can.do anything. I don't know if I am eligible for a non - disclosure but I sure would like to know if I am. I know I made choices I was just hoping with turning my life around if there was a chance to try for non disclosure? I know expunged or sealed is not an option. Can I apply for a pardon.of my last charge violation of probation in.2003 on.my felony DWI from.1996 then a non disclosure? Just curious. Thank you , sir!




Oscar Gonzales said...

I was convicted in 1996 for burglary of a habitation. It was a classic case of wrong place at the wrong time. The victims admitted that it was not me and it was their daughter after everything was done. I moved away to avoid her and to try to get my life back together.I am a veteran and I have not been in trouble since. I successfully completed my probation in 2006 and would like to try to get it removed from my record, if possible.I currently work for a company that will require a lot of traveling and I would hate for my record to jeopardize that. Thank you for your time. Please advise.....

Anonymous said...

I have recently begun the process of applying for a pardon for a 1998 Class A misdemeanor assault conviction. While gathering all of the necessary files and paperwork, I came across the Texas DPS background check site and decided to conduct a check of my background through the site's database. To my surprise, the assault was not listed. I decided to send my fingerprints to the FBI for a background check through the Fed's database, and when the results returned, the assault was not listed in their results either. I have found the records in my local courthouse archives, but it seems odd that I cannot locate the charge or disposition through the state or federal databases. I'd be a fool to just assume that it no longer exists, but what are the odds of this happening, and what could be a possible explanation? It has been suggested that I attempt to purchase a firearm to see if I would be allowed to. The worst, they say, could happen is that I am denied, and then able to ask for an appeal to see why I was denied. My fear is that if I try to purchase a gun, wouldn't that look bad, on my part, if the conviction is eventually located and my attempted firearm purchase is discovered by the board of pardons? I guess my question is; 1) what could be a reason that I can't find this particular charge? And 2) if I try to buy a gun, will it have any negative impact my application for a pardon? Thank you.

Anonymous said...

I have recently begun the process of applying for a pardon for a 1998 Class A misdemeanor assault conviction. While gathering all of the necessary files and paperwork, I came across the Texas DPS background check site and decided to conduct a check of my background through the site's database. To my surprise, the assault was not listed. I decided to send my fingerprints to the FBI for a background check through the Fed's database, and when the results returned, the assault was not listed in their results either. I have found the records in my local courthouse archives, but it seems odd that I cannot locate the charge or disposition through the state or federal databases. I'd be a fool to just assume that it no longer exists, but what are the odds of this happening, and what could be a possible explanation? It has been suggested that I attempt to purchase a firearm to see if I would be allowed to. The worst, they say, could happen is that I am denied, and then able to ask for an appeal to see why I was denied. My fear is that if I try to purchase a gun, wouldn't that look bad, on my part, if the conviction is eventually located and my attempted firearm purchase is discovered by the board of pardons? I guess my question is; 1) what could be a reason that I can't find this particular charge? And 2) if I try to buy a gun, will it have any negative impact my application for a pardon? Thank you.

Anonymous said...

can you be hired to have a case expunged in Tarrant County? If not do you someone who can represent me....a referral?

Thank you!

Anonymous said...

In 2006 when I was 18 I was charged with assault(family violence) class C misdemeanor and I would Like to know if I can get an expungement or a pardon in Texas. I am now 25, and want to apply to nursing school in Jan.

Anonymous said...

Is it a certain time span in order to apply for a pordan on a convicted felony

Stephen Gustitis said...

There is no time limit. Good luck and thanks for your question.

Anonymous said...

I have a state jail felony conviction from 1995 credit card abuse it was 2 years state jail probated to 5 years I violated probation and spent 1 year 1 month state jail. Completed that and in 2004 I was found in possession of marijauna a class A mis. and served 30 day county jail. Can I still get my state jail felony pardoned?

Stephen Gustitis said...

Probably not. But you'll never know unless you try.
Good luck.

Anonymous said...

I was convicted of Places Weapons Prohibited in 2005, a felony. I appealed and lost, then filed a Writ and lost. Long story short...I finished my 2 years of probation about 3.5 years ago. Am I eligible to apply for a full pardon NOW or must I wait 10 years from the date of my conviction or 10 years from the last day of my probation, or any other time period? Thanks

Anonymous said...

I have 4 records on my background.

Burglary of motor vehicle 1992,
1st degree felony, Deferred adjudication, completed successfully.

1996, Class C Misdemeanor, issuance of a worthless check, Disposed - Judgement

1996, 2 counts, Del Marij <= 5Lbs > 1/4 Oz, guilty plea, state felony, 4 years probation, served concurrently, completed successfully.

It has been 17 years since I have been in ANY kind of trouble. I had a drug problem, and have been sober for 17 years.

I have a family, and have made MANY changes in my life. I just am not that person anymore.

Can I have the first 2 offenses expunged, then ask for a pardon on the state felony charge?

Am I out of luck? Please advise. Thanks so much in advance.






Anonymous said...

in 2001 I was charged with felony criminal mischief it was reduced to a Class A misdemeanor deferred adjudication with two years probation since then I have completed all conditions of probation with no further incidents am I eligible for expungement or a pardon what are my options
thank you

Anonymous said...

In 2007 I was convicted of Assault/ Family violence. I completed all probation and fines. I was wanting to know if I would be ble to file for a pardon? If so would this restore rights such as the right to own firearms? Not being able to hunt is killing me!

Anonymous said...

I've got a misdeamenor enhance into a state jail felony.would i need to get a pardon what ways should i employ to resolve this

Stephen Gustitis said...

If you were convicted of a State Jail felony, you'll need to apply for a pardon. Thanks for your question.

Anonymous said...

I was convicted of a felony in 2007 and completed my community supervision in 2010. It was a 4 year term. My question is can I apply for a full pardon? I am trying to start a new life and career, something I did when I was younger has forever changed my life. I have no prior arrest or anything. Till this day I have no priors. Can I also have my gun rights restored? I was a regular hunter when my father was alive and now that he is gone, I would like to teach my kids. I feel like 1 mistake has ruined the lives of more than one person.
Thank you for you time in answering my question.

Bridget Parker said...

A friend of mine committed murder when he was 16 years old and was tried as an adult in Harris County when he was 17 and sentenced to prison. He was released from prison when he was 24 and is now 51 years old. He is a college graduate, gainfully employed many years, raised his daughter as a single parent and is a homeowner who has never been arrested again. He has successfully served 27 years of his parole and has 26 more left to go. What are his chances of early termination of his parole?

Anonymous said...

In 2008, I was convicted of a felony DWI, Intoxication Assault w/Deadly Weapon. I was driving under the influence of alcohol and got into an "accident" where I broke someone's ankle. So they said my vehicle was the deadly weapon. I've completed all jail time, community supervision, probation with out any additional violations. I've also returned to get my bachelors in mechanical engineering and I don't want this to affect my opportunities to get hired once I graduate so I want to see if I can do something before graduating. It's only been 7 months since the discharge, can I still apply for a pardon with in this time frame and will they pardon a felony DWI? Thank you for your time.

Anonymous said...

If my original charge was dropped to a class c misdemeanor, can I recieve any type of pardon?

Anonymous said...

I pled guilty to the offense of Injury to a Child and took a 10 year shock probation plea bargain contingent upon my not getting any disciplinary infractions while at TDCJ. My attorney failed to timely file the shock probation application and as a result, the Judge lost jurisdiction to grant same. I ended up serving just over 5 years at TDCJ before a Writ of Habeas was successful and the Supreme Court vacated my sentence and ordered me back to the original trial court for re-sentencing. The trial court then gave me time served and released me immediately. That was in 2003.
Since then I have not had any arrests or gotten into any more trouble. I have worked as a paralegal since 2005 and have been married since 2004.
What is the likelihood that I could get a pardon? I would like to apply to law school and cannot do so successfully with a felony on my record.

Crishell Braziel said...

I was convicted of misdemeanor theft in 2006 at walmart class b. Is there anyway that i can get it expunged or sealed?

david said...

Do you handle pardons? I would prefer to have an attorney handle the process but have not found anyone who does.

Anonymous said...

I was arrested for a POM of less than 2 oz. which is the minimum sentence for a marijuana charge. I was placed on deferred adjudification for 1 year with fine, court costs, probations fees, and community service. Now what I want to know is my only option a non disclosure or a pardon. Would want to get this off my record, it's the only "serious" crime I did. This happened in jan. 2012.

Anonymous said...

I was charged with a class B misdemeanor for possession of marijuana. Was given differed ajutication and completed 12 month probation. I know the state requires 5 years to apply for a CHL, but is there any route you can take in order to shorten this or get your records sealed?

Stephen Gustitis said...

You may be eligible for an order of non-disclosure sealing your records. Please consult with a qualified attorney in the jurisdiction where you were placed on deferred about your eligibility. Good luck.

John Martin said...

I was charged in Iowa with 3rd Degree Burglary in 2001 and was put on probation for 9 months and was released early to join military service and record was expunged. My goal is to become a Police Officer but with this being in the system how is this going to hurt me? FBI can still see expunged records.

John Martin said...

I was charged with 3rd Degree Burglary in 2001 and was put on probation for 9 months and was released early and record was expunged. My goal is to become a Police Officer but with this being in the system how is this going to hurt me? FBI still can see expunged records?

Jonathan said...

I was given 2 years probation for Felony Agg Assault with Deadly Weapon. Got off probation early, paid all fees and did hrs early. Got a Order of Non Disclosure granted. I want to apply for a state pardon. Court was 2004, incident was 1999, Probation ended 2005. Am I eligible

Anonymous said...

I have a second degree felony for burglary from when I was 17. I plead guilty because my public defender said it was the best thing to do since I had already made an incriminating statement against myself. In my statement I said I was forced to go inside the dwelling. What I left of was that it was at gun point. I told the detectives when I was asked to go "downtown" that same thing and they said the guys that were involved were hang members abd that I should leave the gun part out so they don't do time and so they won't retaliate. So I left it out. These guys were friends of a family member and I did not know nor was I acquainted with them in any way. I figured this was duress but like I said I was told to plead guilty. Any way I can re-open the case or should I just apply for a pardon? I know there's is no chance of getting a pardon based on innocence due to my case being about 17 years old but I would like to get this removed somehow. Thank you.

Kelly Blair said...

Ive got a prostitution charge from 07 it was just a big mistake working in a strip club I said the wrong thing to make the extra money. . I never acted nor would I act on it! But I cannot get it expunged since I stupidly plead guilty because I didn't know any better.. I dont get in trouble..so I just want to know before putting the time in for this. ..if I even have a change of being pardoned?

Anonymous said...

Hello, I was convicted of a Delivery felony in 2006, and sentenced to 3 years. I applied for a pardon in 2010, 2 years after my completion of my sentence, and was denied. I have a very successful job now, and am worried that my background will prevent me from moving any higher. Should I use an attorney or just continue to apply every 2 years?
Thanks,

Rebecca Phelps said...

I have a friend who got charged with a class C misdemeanor and he had been in trouble once before but he made a deal with the judge, I forget the term, where if he pays his fine and doesn't get into trouble for 6 months then he is good to go. But now he just got this class C misdemeanor and even the old one. So what happens now? Does he have 2 things on his record or is there any way to get these off his record?

Stephen Gustitis said...

Ms. Phelps: If a person successfully completes deferred adjudication on a class C misdemeanor, they are then eligible to expunge those records. If they simply paid the fine and received a conviction, they are not eligible, with certain narrow exceptions under the Texas Alcoholic Beverage Code.