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. 

239 comments:

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Anonymous said...

I have a felony conviction from 1993. I was 17 years old and B felony was for places weapons prohibited.I had deferred adjudication.deferred adjudication was revoked due to probation violation.finished jail time, was released from probation early. am I still able to be pardoned?

Anonymous said...

I have a class a misdemeanor for marijuana. I was 17. I'm now 43. Never been arrested since on anything. I was wondering could I get a pardon for this so that I can get a prison job.

Anonymous said...

Can I get a pardon from a class a misdemeanor (marijuana). I was 17 am now 43?

Stephen Gustitis said...

Pleas refer to the Texas Board of Pardons and Parole website for the answer to your question. Good luck.

Anonymous said...

I have been clean and sober since 2005. Unfortunately I have prostitution, forgery, theft of a firearm and burglary of a habitation..I am about to graduate college. Would I be wasting my time if I applied for a pardon?

Anonymous said...

I have prostitution burg of habitation forgery, posession, and theft of a firearm. I have been cleAN and sober since 2005. Would I be wasting my time applying for a pardon? Am graduating from college next month

Stephen Gustitis said...

Probably . . . but what do you have to lose?

Unknown said...

if you successfully complete probation your not eligible for a pardon but if you violate the conditions of your probation and receive a conviction your chances of being pardoned are 100% better. How does that work?

Anonymous said...

How do I go by contacting you, and what is the price range I'm looking at when trying to obtain a parson

Stephen Gustitis said...

We are not assisting persons seeking pardons at this time. I recommend you access the website for the Texas Board of Pardons and Parole. In the "Clemency" section of the site, there are forms and instructions for applying for a pardon. I wish you the best of luck.

Unknown said...

I have a felony conviction for burg.of habitation.I served state jail time, with defeated adjudication. Can I apply for a pardon ?

Unknown said...

I have a 2nd degree felony for burg of habitation from 2007. Did state jail time and deferred adjudication.I am now 28 and married. Can I apply for a pardon ?

Anonymous said...

In 2007 was charged with a felony 3 , theft by public servant 1,500-20,000. Was sentenced with 5 years probation and restitution which was completed in August 2014. Would it be helpful to request a pardon so that I may get my civil rights back?

Anonymous said...

My husband was convicted in 1980 of drug possession(marajauna)and Dwi, he had it in the car's trunk when he was leaving a bar. This happened before we met over 32 years ago. I was helping him to find out if it is still possible for him to get a pardon. He was given 4 years probation which he served faithfully. Is it too late for him to apply. He is trying to get a job now, since the family business went under after the death of his mother and it has been hard on him, plus he is now 58 yrs old and he has been clean for many years. Thank you for your time.

Unknown said...

Hello: I was charged back in 2003 with Felony Level 2 possession of mariquana it is a state jail felony. First arrest and only ever arrest, I served 35 days in Orange Co,Vidor Texas. I was let out under 5 yrs probation. I did my 5 yrs no problem and it's been 6 yrs off probation a total of 11 yrs. I never had any run in with police since that one time. I work married 2 kids in Ga military High school. Sr. price is no object is there anything I can do, can I get a pardon. I just want my rights back, im not a criminal just made a bad decision once. Thank you

Anonymous said...

My husband is serving time in Texas right now. He had opened a link the police did not mark as child porn. It was a sting to catch a ring in our town. My husband deleted the link when he saw what it was but didn't report it not knowing how serious the crime was. The police came and got our things six months later and found hard drives my husband picked up in the neighbor's trash pile. I know this because I was with him when he got them. He wanted to clean them up and resell them but he never did because he worked two jobs. Well my husband made the mistake of allowing the police to scare him into confession with out a lawyer but he was confessing to the link he opened. He didn't know until later they were getting him for possession of child porn. We finally got him a lawyer when the appointed lawyer basically threw him under the bus. His hired lawyer however advised him he could take it to trial but if convicted he could face life. My husband was so scared he took the guilty plea in hopes he will come home to us in three years or less by parole. My husband is wrongfully convicted. He has never had a criminal record but they gave him 18 years! But because the hard drives were downloaded it was more in favor for a guilty verdict from the jury plus we didn't have the money to continue to a trial so he felt he had no choice but to take the plea offered to him. He is serving in a state prison so I didn't know if he could apply for a pardon. Also part of the plea is he's not to appeal his charge. Did they screw him good or can he ever apply for a pardon?

Anonymous said...

I GOT CHARGED FOR A ASSAULT ON A FAMILY MEMBER(MY DAD)WHEN I WAS 14 NOW I CANT GET A JOB OR GET IN TO THE MILITARY CAN I GET A PARDON WHAT DOD YOU THINK MY CHANCES ARE I WAS JUST A CHILD THEN IM 23 NOW AND CANT SUPPORT MY FAMILY.

Unknown said...

I have a Class A misdemeanor but really class B bc I only did 15 days in jail, at the time I was 21 while I was in med school and haven't even been in trouble (first time) its been 7yrs is there's anyway I can get a pardon

Anonymous said...

My fiancé was convinced of aggravated sexual assault in 2005. He served 7 years and finished all of his classes and parole. He has not have even a traffic violation since then. Do you think we should go down this road? Also, I am the female in the case. I don't know if that helps us or not. Thanks!

Unknown said...

I plead not contest to a class A misdemeanor charge of assault family violence about 14 years ago. My public defender didn't even show up and rather than take time off from work to reset the case and return later, I just plead on my own. I haven't had any further crimes or issues since then.

Is there anything I can do about restoring my gun rights or do I just loose a fundamental right for life over what is by definition not a serious crime (is that not the distinction between misdemeanor and felony?). If you can lose the rights afforded by the bill of rights so easily, what good are they?

Anonymous said...

After getting back from Afghanistan Deployment I got evading detention in a motor vehicle charge against me. Basically got my car stuck in ditch, off duty cop not in uniform told me to stay there and I walked away and got a ride. Got charged with State Jail Felony and given 5 year deferred adjudicated probation. Completed that with no problems in 2009. Is it too late to ask to get judicial clemency and have verdict set aside? It happened in Orange County, Texas. Thank You

phillip said...

I was convinced a state jail felony of burglary of habitation in 08/09 what are pm chances of a pardon in Harris country

Stephen Gustitis said...

Your chances of a pardon in Harris County are the same as every county. If you apply for a pardon, your chances of success are about 8%. If you do not apply for a pardon, your chances of success are zero. Good luck.

Please help said...

I was charged with 2nd degree sexual assault of a child when I was 19 and the victim was a girlfriend I was with but was 15. Every thing was consensual of course. I serve 7 years in the state of Texas and have to register for life as a sex offender. Can I get a pardon if I haven't gotten into any more trouble and that was my only offense. I was like my rights to vote and to carry!

Unknown said...

Hi I was convicted for burglary 1994 and no trouble since. I would like gun rights back to legally go hunting with my sons. Think I have a shot?

Unknown said...

Hi, in 2001 I was convicted of family violence which is a class A misdemeanor. My child's mother and I got into a tug of war match over my daughter and I pushed her down. She started to press charges but changed her mind and the state then picked them up. I was given a court appointed attorney who did nothing for me. I have since joined the military and retired after 9yrs of service due to being wounded in combat. I received a purple heart and a honorable discharge. While applying for my CHL the class A came up and I was told I wasn't eligible. I'm not or anywhere near the same person I was 15 yrs ago. Would I be able to get a pardon or is there some other way to fix the charge against me?

Stephen Gustitis said...

Dear Readers:
Regarding pardons, anything is possible. The article and the following comments can probably answer 99% of all questions about the pardon process. We appreciate your visit to our website and wish you luck in applying for your Texas pardon.

Unknown said...

Hello, I appreciate you taking your time out to answer all of our questions. Your help is greatly appreciated. Thank you. I have a question. I have my husband who is incarcerated right now. He has been in for 10 years on a charge of possession of a controlled substance with an intent to deliver. He only had about 2 1/2 ounces of it yet was given a total of 70 years with parole 1/2 of that. I believe that he had the book thrown at him hard. I was wondering if applying for a pardon would be of use due to the time the justice system has given him. I know you have mentioned anything is possible. any feedback would be greatly appreciated and wanted. thank you

Anonymous said...

I have a 2nd degree felony and is there any way I could get that of my record. I have already went to lawyers and been told I am not eligible for expungement. What wood be the second thing to do

Stephen Gustitis said...

Apply for a pardon. Good luck!

Anonymous said...

IN 1988 i shot a man outside my home trying to gain entry into my home. I went to court and the DA was ruthless and was given 20 years for agg murder in a texas court. served 9 and off parole since 09. since, I have gotten a 1 dwi in 2012 and another in another state in 2015. both misd. first one had probation and fina and community service that i completed and second was a $750 fine only. of course both has loss of licence for a little while.
However a couple years ago they changed the statue on what you can and cannot do with someone outside your home. However they didn't retro-act it and no grandfathering clause (I think thats the correct way to say this) Basically what i did then is legal to do now in protection of your self and property. instances of this in your opinion should I try?

Stephen Gustitis said...

You can't win if you don't play. File for a pardon . . . the worst that can happen is they tell you no. Good luck!!

Unknown said...

I'm on probation for a assualt and I just caught a larceny case will I face jail time

Unknown said...

I was 17 years old, in 2008 , in Johnson Co. State trooper stopped me for failure to stop at a yield, found a little weed, I said of course it's mine.....OK 30 days later I'm out of jail, time served. Then I find out my license is suspended for 6 mo. On top of that I must complete a drug offenders education course, which I have not been able to find anywhere, tried one online, lost my money because it wasn't licensed.....My question , now that I am 26....I do not have any felonies, can pass federal background check, I've also held a security clearance. My license is suspended til 12/31/9999 ....Is there any way around this? Can I get some help please?!????? I did manage one year a occupational licensed, the police still took me to jail for Dwli previous conv/w/res..The magistrate looked at my court order signed by the presiding judge and just let me out that morning on PR/ROR....Case dismissed.....How do I get my license back?!!!!????

RG said...

When I was 17 , I was convicted of burglary of a habitation. I was given 4 years probation in lieu of 4 years TDC. I was revoked after 2 and 2 more years were added. In 2003, I was revoked again and sentenced to the 4 years in TDC. After 4 momths in county jail and 4 months in prison, I was granted shock probation. I completed and successfully terminated my probation early in Sept of 2007. I recently noticed that the paperwork for my release states in bold "Order Reducing and Terminating Probation and (this next part is underlined) Releasing Defendant From All Penalties and Disabilities." The judge who ordered this is no longer a sitting judge and I cannot get clarification as to whether this means clemency. Given that info and reading that if I terminated probation early, can or should I apply for a pardon?

Stephen Gustitis said...

If you hope to receive a pardon from the Texas governor, then you must apply and make the attempt. Many good folks ask me whether they would receive one, if they applied. I simply cannot answer that question. My advice is always to try. The worse thing they can do is say no. If you don't try, you will never know. Good luck to everyone!

Help said...

Hello, I didn't read all threads you may have already answered this, but was was given 8 years probation deferred adjudication in 2006 completed my time and picked up a class b misdemeanor in 2013 and sussefully
Completed that have been in trouble on twice and wanted to see if I'm eligible for a pardon on my felony?

Stephen Gustitis said...

Dear Help:
My best advice to you is to visit the website for the Texas Board of Pardons and Parole. The website supplies all the information you need to determine if can request a pardon in this matter. In addition, the site has applications you can download and detailed instructions on how to properly complete them. Nothing ventured, nothing gained. I wish you the best of luck.

Anonymous said...

Hello,

I'm trying to find out why you can't get a pardon based on innocence if you did deferred. Some of us were blatantly lied to during the process, and only took DA to get out of jail without waiting months (in jail) for a trial. I was also promised that it would not be on my record if I completed it successfully (which I did). Now, 25yrs later, I'm in a bind. I work for a police department, and they want to put me in the academy, but Texas TCOLE won't certify me because it shows as a 'conviction'... yet I'm apparently ineligible for any legal remedies because everyone/everything else doesn't consider it a conviction! I have all of my legal needs lined up (the trial officials, Sheriff, police chief, etc...) but am just now reading that the innocence-based pardon can't happen because it was a deferred adj. case, and that's the type of pardon (supposedly) that I need to obtain to get certified.

There are so many other reasons I've wanted to clear this up over the years, but it's especially binding now.

Can you suggest anything at all I can do?

Thank you for your time.

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