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In criminal court, I understand that when an accused has…

In criminal court, I understand...
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?
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Answered in 17 minutes by:
11/26/2017
RayAnswers
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Category: Criminal Law
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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.

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Here are the possibilities herein Texas.

In Texas, the governor can grant a full pardon, which restores many of the rights of the offender that were lost due to the conviction. These may include the right to vote or possess a firearm. Essentially, a full pardon clears the name of the individual and their status is restored to pre-conviction. Although most rights will be restored, it is important to note that certain rights such as the right to get some professional licenses or the right to be a peace officer in Texas will be lost.A full pardon would mean the crime is not held against the accused for say enhancement later on.

A full pardon is typically not given to an offender currently in prison, but can be done in rare circumstances. If a full pardon is issued, the individual is eligible to have any records relating to the conviction expunged. Although the expunction is not automatic, the individual may petition the court in which the conviction was received to have it removed from their record.

A conditional pardon is where a pardon is issued however the offender still remains subject o conditions of release. The governor may issue a conditional pardon however unlike a full pardon, rights that were lost as a result of the conviction are not restored. In addition, the governor may revoke the pardon if the conditions of release are not complied with.

The governor may issue a pardon based on actual innocence, which reverses the conviction and clears the individual’s name for the commission of the crime. For a pardon based on innocence, the Parole Board requires evidence of actual innocence or the finding of fact that indicates innocence from the district judge in a state habeas action.

A commutation of sentence may be given and results in a reduction of the sentence to a lesser amount of time. Commutations of a sentence will be granted upon the recommendation of a majority of trial officials in the county where the conviction was received. The recommendation must state that the penalty appears to be excessive and must state a new term that is based on information that was not considered or available at the time of trial or plea.

A reprieve is a temporary delay of punishment typically given to offenders who are terminally ill or require medical treatment that is not available within the Texas Department of Criminal Justice. Similar to other forms of clemency, reprieves are given by the governor. The reprieve must be based on the written recommendation of the Board. Although they are usually given for medical reasons, they may be also given for family emergencies in order to attend a funeral or visit a critically ill family member.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Let me add full pardons are extremely rare.

Last year, in his first full year as governor, XXX issued four pardons. The governor can grant pardons only if the Texas Board of Pardons and Parole recommends them. That board, which operates largely in secret, reviews hundreds of clemency requests each year.Dec 22, 2016

Gov. Greg Abbott pardons five Texans | Texas Politics | Dallas News

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Customer reply replied 5 months ago
Let me expound for you. Yes, I fathom that Clemency is rare and I have been awarded it -- signed and sealed by the governor. It isn't TX that had granted full Clemency, it's the state just to the "right side" of TX that granted it. Although I have a case in TX and need to know if they can bring into evidence past "things" from the other state into the civil court case. I read somewhere that they can't in criminal court, but what about civil court? Criminal and civil are not the same court and do not have the same procedures. I already know in criminal court that the crimes can not be used against you, but what about civil court? I need to know. Thank you.

If you have a pardon here from another state your lawyer would motion in limine to keep that out.Court likely grants it and thats the end of it for enhancement.Advise your court appointed lawyer and see if you can produce original or certified copy for court to attach to motion in limine.Court should grant it.

Thanks for the followup and for rating stars at top of page.

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Customer reply replied 5 months ago
Thank you for the link and everything thing that you have provided.
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