Full question:
26 yrs ago I was convicted of mail fraud, Rico, in Hawaii. The judge that sentenced me did not think I was guilty. He died. I have no other charges since then. I served 15 months in prison, paid all my fines. The federal trade commission told the judge that after a long investigation that I was not the guilty party. Can I get my rights back? I have lived in Texas for 30 yrs, so would I apply here in Texas?.
- Category: Civil Rights
- Date:
- State: Texas
Answer:
We’re assuming that mail fraud was a federal conviction and no state charges were brought. A full pardon restores certain citizenship rights forfeited by law as the result of a criminal conviction, such as the right to serve on a jury, the right to hold public office, and the right to serve as Executor or Administrator of an estate. In Texas, voting rights are automatically restored when one discharges a felony sentence.
As a general matter, in clemency cases the correctness of the underlying conviction is assumed, and the question of guilt or innocence is not generally at issue. However, if a petitioner refuses to accept guilt, minimizes culpability, or raises a claim of innocence or miscarriage of justice, the United States Attorney should address these issues.
For further information, please see:
http://www.justice.gov/pardon/pardon_instructions.htm
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.
