his page was designed to help our clients better understand our Texas Civil Rights Restoration service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
Simply click on a question to view its answer:
Article 48.05 only applies federal offenses or convictions in another country but for convictions under Texas State law, civil rights restoration can be done through a pardon application. The process is very similar to the process under Article 48.05.
If you have been convicted of a felony (regardless of where you received the felony) involving violence, the threat of violence, drugs, or firearms, you cannot restore your civil rights. Also, if you are still serving a sentence for a crime that caused you to lose your rights, you are not eligible to apply. Also, you cannot be convicted of any other crimes since the conviction that caused you to lose your civil rights. Finally, if your felony is a federal felony or a felony from another country, there is a waiting period before you can apply. Texas Code of Criminal Procedure Article 48.05(b)
No, your disposition does not matter. What matters is the particular type of felony you pled guilty/no contest to.
If you have been convicted for any other crimes since the conviction that took away your civil right(s), then you are not eligible to apply. If your other convictions occurred before that crime, then you are eligible to apply, as long as you have completed your sentence and the crime is not one of the felonies that are ineligible or require a waiting period (federal & foreign felonies).
Applications are denied for the following reasons: (1) an inaccuracy in the court or police records, (2) an inaccuracy in the application, (3) the Governor does not believe restoring your civil rights will be in the interest of society, (4) you still owe fines or restitution, or (5) you are otherwise not eligible to apply. Article 48.05(b)
Yes, but in involves other processes. Restoring your civil right(s) with the Governor does not seal or expunge the arrest/conviction records.
Only certain types of federal cases are eligible for expungement; however, this service will restore your Texas civil rights that were taken away as a result of the conviction, not including your firearm rights.
We would file your motion with either the Sheriff in the county where you reside or the Board of Pardons and Paroles. You must submit at least three affidavits attesting that you are a person of good moral character and you must show proof that you have completed the sentence for the offense that resulted in the loss of your civil right(s). The Governor will have the last word on whether your civil right(s) should be restored regardless of what state you received your conviction. If the Governor grants your application, you will receive a “certificate of restoration of civil rights” indicating which particular rights are restored. Art. 48.05(c)
No. There is no court involvement in an application to restore your civil right(s).
The process can be very lengthy, depending on a number of different factors. Many different records are required to complete the application. It can take several months or more than a year to obtain the records depending on their nature and the agency producing them. Once the application it complete with the necessary records and documents, it can take another several months and possibly up to a year or even longer to process. The reason for this is because it has to go all the way to the Governor, who can review your application whenever he/she wants. The length also depends on your individual circumstances.
If your application is denied by the Board of Pardons and Paroles or the governor, you will have to wait one year from the date of denial to refile.
We are unfortunately unable to offer a money-back guarantee on our Texas Civil Rights Restoration service and still offer our services at such a low price, because the process involves a substantial amount of work and preparation.
No. Applying for a civil rights restoration only restores the civil rights that you may have lost because of a conviction or convictions in federal court or a court in another state. If you are eligible, there are separate processes you can use to clear an arrest or conviction. Art. 48.05(a)(1)
In Texas, the right to vote is automatically restored once the sentence is complete. Tex. Elec. Code, sec. 11.002. For all other civil rights that were lost as a result of the conviction, it can be done through a pardon application if your conviction was a violation of Texas State law or through an application to the Board of Pardons and Parole if your offense was federal or under the laws of another country.
However, the Governor does not have to restore all of your rights; he/she can make any exceptions. Art. 48.05(a)(1)
When you restore your civil rights, the restoration has no effect on the conviction itself. The conviction does not go away, nor is the conviction sealed or “expunged.”
Yes. The conviction still remains even if all of your civil rights have been restored.
Yes, this process can be used to restore voting rights if they have been lost.
Each case is unique, and therefore you should receive an analysis tailored to your specific circumstances. Our in-house immigration attorney can answer your questions and can be reached at 714-617-8395.
A restoration of your Texas Civil Rights does not necessarily fully restore firearm rights.
While the process likely restores your Texas State rights, those convicted of out-of-state, federal, and military felonies also lose their right to bear arms with the federal government. Those individuals will likely need to restore their firearm rights in the originating jurisdiction/court (where their conviction occurred) in order to lift the federal ban in order to fully restore their right to bear arms.
If you were convicted in Texas state court then in order to restore your firearm rights would be to apply for a “setting aside” of the conviction(s) that took away your gun rights. Please see the section of the website for setting aside Texas convictions.
In Texas, you may serve on a jury if you: 1) are a resident of the United States and a resident of the county by which you are summoned, 2) are at least eighteen years of age, 3) are able to read and write, 4) are of sound mind.
You may not serve on a jury if you: 1) have been convicted of a felony for any type of theft, unless your rights have been restored to you, 2) are currently on probation or deferred adjudication for any type of theft on a felony level, 3) are currently under indictment for a felony or are currently charged with any type of theft.
*The Expedited Record Clearance Update service is not a court service and requires a granted court order. Once we receive a granted court order for your case, we can expedite an update of 650 private background check companies within 14 business days. The service does not involve or influence any court, tribunal, legislative body, or public official in order to complete the update, nor does is expedite traditional court or government record update processes.