Opening the Door on Pardons
We all make mistakes - especially when we are younger. Most of time you are able to learn from them and move on. Sometimes though the mistake may haunt you for the rest of your life. Criminal convictions fall into that category. Even though you may have been a model citizen for 30-40 years you are still labeled by your prior mistakes.
Over the last few years lawmakers have recognized how unfair that can be - probably because they knew people who were effected, including their own families. Several years ago Texas recognized a new procedure, where you could obtain an order sealing your record in some cases. The procedure is called "Non-Disclosure", and is limited to those cases where a person received deferred adjudication, and successfully completed it. While some doubt how effective that process is, it is certainly better than nothing.
Even if you receive a non-disclosure you still have the case - the arrest itself while sealed, may still be a liability. Now there is new option for persons who successfully completed a deferred adjudication - a pardon. The legislature amended Art. 48.01 to allow persons who completed their probation to receive a pardon from the governor.
To be eligible for a pardon you must wait 10 years after the date of discharge. That means you start counting when your supervision ends. The pardon application must be submitted to the Board of Pardons and Paroles, who will make the recommendation to the governor. For a checklist of how that operates - which has not been amended - you can go here.
I believe this a significant change, and one that is positive. The ability to obtain a pardon is close as you are going to get to clearing your record. Not surprisingly, I have heard the governor's office is expecting an avalanche of applications. I have no reason to believe they won't be seriously considered, since this was something supported by Governor Perry.
If you qualify, why not apply.
