Texas-Book-Gun Law Armed And Educated - Flipbook - Page 393
after two years. See Tex. Admin. Code § 143.14(b). If the majority
of the Board recommends clemency be extended to an applicant,
the file is sent to the Governor, who may either accept the Board’s
recommendation and grant clemency or reject the recommendation.
For more information on the process, please visit www.tdcj.state.
tx.us/bpp/faq/ClemencyProcess.html.
3. What is the effect of executive clemency in Texas?
Similar to federal clemency, unless the person receiving clemency
has their records expunged, the records of the original conviction
continue to exist. A person granted clemency must still disclose
the conviction on any relevant form seeking such information;
however, the person may also state the nature of the clemency
received. The result of executive clemency in Texas depends on the
type of clemency granted by the Governor.
B. Texas expunction
Chapter 55 of the Texas Code of Criminal Procedure controls
expunction under Texas law and provides for when a person is
entitled to an expunction. Chapter 55 allows an expunction for
persons who: were acquitted or pardoned; had charges dismissed
or were no-billed by a grand jury; were convicted as a juvenile
for being delinquent or for an alcohol-related offense; or were
victims of identity theft (where a criminal gave the innocent
person’s name as their own to law enforcement). See Tex. Code
Crim. Proc. Art. 55.01. In 2021, the Texas Legislature passed a
first-of-its-kind law that allows for an expunction of a final adult
conviction. Under this new law, if you were finally convicted of
the crime of Unlawful Carry of a Weapon under Texas Penal Code
Section 46.02(a) as it existed before September 1, 2021, then you
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