Full Pardon And Firearm Rights Restoration In Texas
What Can a Pardon do, and is it Right for You?
We receive this question all the time; “how do I get my gun rights back?” The answer may be a pardon. A pardon is the issuance of forgiveness for the person who has been criminally convicted and can restore rights that were forfeited when you were criminally convicted. These rights include the right to serve on a jury, hold public office, serve as an administrator of an estate, and, if specifically requested, restore your firearms rights. Restoring these rights can positively impact your life by removing roadblocks to employment, allowing for a higher earning capacity, and opening the door to more licensing opportunities and better living situations. While there are many benefits to receiving a full pardon, it will not restore your eligibility to become a Licensed Peace Officer in Texas. If you think a pardon is a suitable option, we recommend you contact us to discuss the best way to move forward.
Eligibility
Generally speaking, for one to be considered for a pardon, they must show that they have been rehabilitated and are a law-abiding citizen. To be eligible for a pardon in the State of Texas, you must be fully discharged from the felony, misdemeanor, or traffic offense sentence you received. Furthermore, if you have previously been denied by the Texas Board of Pardons and Paroles, you must wait two years before you may reapply. The State of Texas does not consider pardons for those still incarcerated.
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Types of Pardons
In Texas, there are different pardons for different circumstances. You can apply for a Pardon, Pardon with Firearms Rights Restoration, or a Firearms Rights Restoration if you were previously granted a pardon but did not specifically request to include the restoration of firearms rights.
Pardon:
A pardon is a type of clemency granted by the Governor of the State of Texas for persons convicted of a felony, misdemeanor, traffic offense, or a person that completed a deferred adjudication sentence. While there are conditional pardons in Texas, a full pardon would be unconditional. A full pardon restores your rights to serve on a jury, hold public office, and serve as an administrator of an estate. With a full pardon, you can also request to restore your firearms rights.
Pardon with Firearms Rights Restoration:
When applying for a pardon, you can also request to restore your firearms rights. When a pardon is granted, your rights to serve on a jury, hold public office, and serve as an administrator of an estate are restored. Still, you must specifically request restoring your firearms rights to regain that right. In the State of Texas, domestic violence offenses for both felony and misdemeanors are eligible to have this right restored. When you have a domestic violence conviction and are requesting a pardon, it is recommended to request to have your firearms rights restored.
Firearms Rights Restoration:
If you applied for and were previously granted a pardon but did not request to have your firearms rights restored, you are eligible to apply to restore that right in Texas. While the right to possess a firearm in your home is automatically restored five years from the date of release from confinement or release from community supervision, parole, or mandatory supervision, you still can not possess it in any other instance. If you were granted the restoration of your firearms rights, you would be able to own, carry, transport, purchase or receive a firearm. Restoring this right will also remove the federal firearm ban and allow you to own a firearm under federal law. Be aware that your firearms rights would only be restored in the State of Texas, and you would need to check with any other state before possessing in those states.
Process
First, we recommend compiling information regarding past addresses, employers, and criminal history, along with supporting documents to show your rehabilitation, reform, and positive actions in your life. Next, we recommend contacting an attorney to ensure the application is completed in a manner best suited to increase your chances of success. To begin this step, you can call our office to speak with one of our team members that can assist you further.
Upon submission of your application, it will first be staff reviewed for completeness; the application will then be sent to the Board of Pardons and Paroles, where it will be reviewed, and a vote will be cast to determine whether or not to send it to the Governor, if your application receives a majority vote to recommend clemency from the Board of Pardons and Paroles it will be sent to the Governor to determine if it will be approved or denied. If your application is denied, you will have to wait two years before you can resubmit a new application.
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Chances of Success
All pardons are considered case-by-case, but most pardons are granted to those with minor convictions. In 2021, the Texas Board of Pardons and Paroles recommended 75 noncapital clemency requests out of 140 applications considered (54%). There was one application for a capital case, and it was not recommended for pardon. Gov. Abbott granted pardons and/or restoration of civil rights to only eight Texans. While the likelihood of success is low, we believe your chances of success can be improved by making your application stand out from others, and we recommend contacting us to speak with one of our team members. While we cannot guarantee that any application will be granted a pardon or restoration of firearms rights, we can use our knowledge and experience to improve your chances of success.
| Year | Pardon Requests Received by the Board | Pardons Requests Recommendations to the Governor | Percent of Pardon Requests Recommended to the Governor | Pardons Granted by the Governor | Percent of Pardon Requests Granted by the Governor |
|---|---|---|---|---|---|
| 2018 | 171 | 21 | 12% | 6 | 3.51% |
| 2019 | 180 | 38 | 21% | 6 | 3.33% |
| 2020 | 110 | 53 | 48% | 7 | 6.36% |
| 2021 | 140 | 75 | 54% | 8 | 5.71% |
| 2022 | n/a | n/a | n/a | 2 | n/a |
| Avg. | 144 | 46 | 34% | 6 | 4.73% |
Contact Walker & Taylor, PLLC
Contact us to find out if a pardon would be the right option for you. If you decide to have us complete an application to be submitted to the Texas Board of Pardons and Paroles, we will work closely with you to complete the lengthy and burdensome application that often requires communication and coordination with several different cities, counties, states, and federal agencies. We will conduct a thorough background check and discuss with you the process and timeframe for your specific case. We will then file the packet directly to the Texas Board of Pardons and Paroles.
Contact Us
Get Your Gun Rights Back
We are passionate about Second Amendment Rights and are here to help!