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Deirdre
Deirdre, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 42
Experience:  16 years experience as a highly successful criminal defense lawyer, many acquittals & dismissals.
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If I received a Felony Theft when I was 17, is there any way

Resolved Question:

If I received a Felony Theft when I was 17, is there any way I can take that off my criminal record if that is the only thing that is on my record? I receieved a General Lines license in the state of Texas that had to go through a approval process before I receieved the license in the state of texas. What legal options do I have? This is preventing me from geting jobs.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Deirdre replied 7 years ago.
If sufficient time has passed (3 years or more) and you've stayed out of trouble, can seek a pardon and then apply to have the record expunged. (See applicable law posted below.) No doubt there are many lawyers who assist with this process in Texas. A quick internet search and/or call to the state/local bar associations should provide some names of lawyers in your area that can help. Talk to several so that you make sure you get the most for your money.

Also, if you can't afford to hire a lawyer, there is likely to be a legal aid service or public defenders office that can walk you through the process.

Finally, I've pasted a how-to article for you to review in case you decide to do this on your own.

I hope this is helpful - if so, please click Accept so that I may get credit for my time. Thank you and good luck. Deirdre


Art. 48.05. Restoration of Civil Rights

   (a) (1) An individual convicted of an offense described by Subdivision (2) of this subsection may, except as provided by Subsection (b) of this article, submit an application for restoration of any civil rights forfeited under the laws of this state as a result of the conviction.

   (2) This article applies to:

      (A) a federal offense, other than an offense involving:

        (i) violence or the threat of violence;

        (ii) drugs; or

        (iii) firearms; and

      (B) an offense under the laws of another country, other than an offense involving:

        (i) violence or the threat of violence;

        (ii) drugs; or

        (iii) firearms, if the elements of the offense are substantially similar to elements of an offense under the laws of this state punishable as a felony.

(b) An individual may not apply for restoration of civil rights under this article unless:

   (1) the individual has completed the sentence for the offense;

   (2) the conviction occurred:

      (A) three or more years before the date of application, if the offense is a federal offense; or

      (B) two or more years before the date of application, if the offense is an offense under the laws of another country; and

   (3) the individual has not been convicted at any other time of an offense under the laws of this state, another state, or the United States.

(c) An application for restoration of civil rights must contain:

   (1) a completed application on a form adopted by the Board of Pardons and Paroles;

   (2) three or more affidavits attesting to the good character of the applicant; and

   (3) proof that the applicant has completed the sentence for the offense.

(d) The applicant must submit the application to:

   (1) the sheriff of the county in which the applicant resides at the time of application or resided at the time of conviction of the offense, if the individual resided in this state at that time; or

   (2) the Board of Pardons and Paroles.

(e) If an application is submitted to a sheriff, the sheriff shall review the application and recommend to the Board of Pardons and Paroles whether the individual's civil rights should be restored. If the sheriff recommends restoration of the individual's civil rights, the board may either:

   (1) concur in the recommendation and forward the recommendation to the governor; or

   (2) independently review the application to determine whether to recommend to the governor the restoration of the individual's civil rights.

(f) If the sheriff does not recommend the restoration of the individual's civil rights, the individual may apply directly to the Board of Pardons and Paroles.

(g) If an application is submitted to the Board of Pardons and Paroles without first being submitted to a sheriff, the board shall review the application and recommend to the governor as to whether the individual's civil rights should be restored.

(h) The Board of Pardons and Paroles may require or obtain additional information as necessary to perform a review under Subsection (e)(2) or Subsection (g) of this article.

(i) On receipt from the Board of Pardons and Paroles of a recommendation to restore the civil rights of an individual, the governor may either grant or deny the restoration of civil rights to the individual. If the governor grants the restoration of civil rights to the individual, the governor shall issue a certificate of restoration of civil rights.

(j) If an application under this article is denied by the Board of Pardons and Paroles or the governor, the individual may not file another application under this article before the first anniversary of the date of the denial.

(k) A restoration of civil rights under this article is a form of pardon that restores all civil rights under the laws of this state that an individual forfeits as a result of the individual's conviction of an offense, except as specifically provided in the certificate of restoration.

Expungment

Art. 55.01. Right to Expunction

   (a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:

   (1) the person is tried for the offense for which the person was arrested and is:

      (A) acquitted by the trial court, except as provided by Subsection (c) of this section; or

      (B) convicted and subsequently pardoned;


How to

§ 100.51 Application for Restoration of Rights Lost Due to Federal Conviction


(1) Determine whether client meets all of following qualifications for eligibility for restoration of rights [see C.C.P. Art. 48.05(b); see also § 100.01[2][c]]:
(a) Client has completed sentence for federal offense.

(b) Conviction occurred more than three years before date of application.

(c) Client has no previous criminal conviction in any state or federal court.


(2) If facts indicate that client is eligible, obtain following materials [see § 100.02[4]]:
(a) Application form from Board of Pardons and Paroles.

(b) Three or more affidavits attesting to good character of client.

(c) Proof that client has completed federal sentence.


(3) Complete application form and submit it, with affidavits of character and proof that federal sentence has been completed, to either Board of Pardons and Paroles or sheriff in county where client resides at time of application [see § 100.02[4]].

(4) If sheriff refuses to recommend restoration of rights, consider submitting application to Board [see § 100.02[4]].

(5) If Board recommends commutation and governor approves recommendation, ensure that certificate of restoration is executed by governor and certified by secretary of state [see § 100.02[4]].
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