How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 37044
Experience:  licensed attorney in criminjal law for 30 years
8534270
Type Your Criminal Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

I am seeking a pardon in the state of Texas. I was

Customer Question

I am seeking a pardon in the state of Texas. I was incarcerated for 21 years and was release 2008. I have an impeccable record with all my parole officers. I would rather attack this issue with an attorney.
JA: Since parole regulations vary, can you tell me what state this is in?
Customer: Texas and the crime was Fort Worth, Texas
JA: Have you talked to a lawyer yet?
Customer: Not yet and I'am trying to do my homework and pick this best qualify attorney.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well I hope I covered what is essential on my behalf.
Submitted: 22 days ago.
Category: Criminal Law
Expert:  RayAnswers replied 22 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 22 days ago.

Good reference here, understand the laws are long here..

https://www.avvo.com/legal-guides/ugc/pardons-in-texas-are-extremely-rare

Expert:  RayAnswers replied 22 days ago.

Thats a bad link above here is the right one for Texas

https://www.tdcj.state.tx.us/bpp/forms/FP%20App.pdf

Honestly consider reading up a bit and submitting this yourself.Statistically not sure a lawyer will help you .

Expert:  RayAnswers replied 22 days ago.

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.

Expert:  RayAnswers replied 22 days ago.

In Texas here 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.

Expert:  RayAnswers replied 22 days ago.

There are basically three types of pardons you can apply for in Texas[4]:

  1. Full pardon
  2. Conditional pardon
  3. Pardon based on innocence

A full pardon not only releases you from the conditions of your sentence (the punishments) for that particular conviction but would also restore basic citizenship rights which you lost as a result of that conviction. These include the right to vote, the right to serve on a jury, the right to hold public office, and the right to be an executor or administrator of an estate.[4] A full pardon also removes some (not all) barriers to employment and professional licensing.[4]

A conditional pardon is like a full pardon in that it releases you from the conditions of your sentence, except it does not restore any rights you lost as a result of the conviction.[5] Furthermore, there are typically conditions attached to the pardon (hence the name), which if you break will allow the Governor to revoke the pardon.[4] The Board will only consider an application for a conditional pardon in two situations: (a) to release an inmate to another country or (b) where there are extreme, unusual, and exceptional circumstances.[6] In either case, you must have reached your minimum statutory parole eligibility.

A pardon based on innocence does not just forgive you of the crime and releases you from further punishment for the crime; it declares you innocent of the crime (“exonerates” you of the crime) and erases the conviction. In order to receive this type of pardon, you will need actual evidence of innocence from at least two trial officials or a finding by a judge in a habeas corpus action declaring you innocent of the crime.[7] You can only receive a pardon based on innocence for a Texas state felony conviction.

If you have federal felonies or felonies from other states prior to receiving your most recent Texas conviction, the Board will not consider your application for a pardon unless you can show (a) that your convictions from the other states/jurisdictions have all been pardoned or (b) written proof that the other states/jurisdictions will not act until Texas grants you a pardon.[8]

Expert:  RayAnswers replied 22 days ago.

Understand here that the majority of pardon applications are denied. For example, in 2002, the Board received over 350 applications for a full pardon; even though it gave a favorable recommendation to 56 of those, the Governor did not grant a single pardon that year.[13] In 2003, the Board received a little over 230 applications; it gave a favorable recommendation to 76 of those and the Governor ultimately granted pardons to 67 of them.[13] In 2012, 529 applications were received. 38 pardons were granted and 172 applications were denied.[14]

Expert:  RayAnswers replied 22 days ago.

In this matter you can call the Board directly at(###) ###-#### You can also write or fax to the Board at:

Texas Board of Pardons and Paroles
General Counsel’s Office
8610 Shoal Creek Boulevard
Austin, Texas 78757
Fax:(###) ###-####/p>

There are forms for a full pardon, an unconditional pardon, and a pardon based on innocence. Choose the one that is most appropriate for you. Each form has detailed instructions that you should read carefully. Depending on your individual circumstances, there may be many documents which you must obtain and submit along with your application. These documents may include, but are not limited to:

Certified court documents (these may include the indictment or complaint, the judgment and sentence sheet, order of dismissal, clerk statement of fines paid, etc.) for all convictions which you want a pardon for. You can get these documents from the clerk’s office of the court where you were convicted. Offense/arrest records from police or other law enforcement agency for all convictions which you want a pardon for. An official criminal history statement from the Sheriff/Sheriff’s office in your county of residence. In most cases you can simply go to your nearest police station and they would be able to show you how to obtain your criminal history. Letters of recommendation from those (other than family) who are familiar with your character.

If you do not remember all of your convictions or which law enforcement agency was involved in a particular conviction, you can access public record information through the Texas Department of Public Safety (DPS) Crime Records Service website: http://records.txdps.state.tx.us/. If you need help with acquiring your criminal history information, you can also contact the Department of Public Safety directly at(###) ###-####

I hope all this information will allow you to file for pardon pro se here.Your odds are pretty much the same here , thanks again.

If you can positive rate it is much appreciated.

Related Criminal Law Questions