Full Pardons
A full pardon restores certain citizenship rights forfeited by law as the result of a criminal conviction, such as the right to serve of a jury and the right to hold public office. In Texas, Voting rights are automatically restored when one discharges a felony sentence. A full pardon will remove barriers to some, but not all types of employment and professional licensing. However, licenses are granted at the discretion of the State licensing boards of each profession, and it is advisable to contact those boards directly to learn whether a pardon is necessary or sufficient to restore licensing eligibility in a particular field. A pardon will not restore eligibility to become a licensed peace office in Texas. 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. The arrest is not automatically expunged upon a grant of a full pardon. This can only be accomplished by petitioning a court in the county of conviction. For many years, obtaining a pardon was one of the best kept secrets in Texas. They were much easier than obtaining a parole, if your had already been released from prison. Once pardoned, you do not report to a parole officer any longer and no longer live under the constant threat of a parole revocation hearing where your due process rights are very slim. Unfortunately, the Presidential campaign of 1988 when the issue of Willie Horton arose while on a type of Massachusetts parole arose that Governors greatly reduced the number of paroles that they would approve. Before the Governor nor can act on any type of parole in Texas, he must first have approval of a simple majority of the members of the Board of Pardons and Paroles, before the Governor can act.
Pardon Based Upon Innocence
A pardon based upon actual innocence exonerates an individual of the crime and erases the conviction. In order to consider an application for a pardon based upon innocence, The Board requires either evidence of actual innocence from at least two trial officials; or the findings and facts and conclusions of law from the district judge in a state habeas action indicating actual innocence. If you have both, you have a much stronger case of getting the Board’s recommendation to the Governor. Application The Board of Pardons and Paroles has a formal application which must be used to apply for either type of pardon. There is also a time limit after you request your application in which you must you must complete and submit your application to the Clemency Division of the Board of Pardons and Paroles, or you will have to wait a year to begin again.
