Full question:
After being convicted of theft in 1990 and restitution completed, is it possible to get rights restored? It was a due to a business dispute in another county.
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Texas
Answer:
A full pardon can restore certain citizenship rights lost due to a criminal conviction, such as the right to vote, serve on a jury, and hold public office. In Texas, voting rights are automatically restored once a person completes their felony sentence, including any incarceration, parole, or probation.
A full pardon may help remove some employment and licensing barriers, but it does not guarantee eligibility for all professions. It's best to check with the relevant state licensing boards for specific requirements. Notably, a pardon does not restore eligibility to become a licensed peace officer in Texas.
If granted a full pardon, a person can petition for the expunction of all arrest records related to the conviction, but this requires a court petition in the county of conviction. Under Texas law, individuals convicted of a felony regain their voting rights automatically after completing their sentence, as per the changes made effective September 1, 1997.
According to Texas law (Art. 48.05 CODE CRIM. P.), individuals convicted of certain offenses may apply for restoration of civil rights after completing their sentence and meeting specific conditions. These include no new convictions and a waiting period of three or more years for federal offenses. Applications must be submitted to the sheriff or the Board of Pardons and Paroles, which then recommends to the governor whether to grant restoration.
If denied, individuals must wait one year before reapplying. A restoration of civil rights acts as a form of pardon, reinstating all civil rights lost due to the conviction, except as specified in the restoration certificate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.