How to Restore Civil Rights in Texas: Everything One Should Know

Receiving a criminal conviction can have serious repercussions. Spending time in prison can impact a person's life, and there could be years of fines to deal with. However, other complications might arise after the sentence is complete.  

Those consequences aren't directly tied to the criminal conviction. They happen independently of the case by losing civil rights, which include the right to vote, to serve on a federal jury, and to own firearms. Sometimes, they even lose the privilege of getting a license for specific types of employment.

Civil rights restoration can help a felon overcome a criminal conviction, but the steps involved are often difficult. Likewise, there is no guarantee that those efforts will be a success. Therefore, it's best to hire an excellent attorney to assist. They can help answer questions like What is the 7 year rule for background checks in Texas? There are many mechanisms available, including the sealing of records, expungement, and pardons.

The Civil Rights One Could Lose After a Conviction

Most people know that a criminal conviction can lead to the loss of civil rights, including owning a firearm or voting. However, others could be impacted, such as:

Voting Rights

Being convicted of a federal felony means one could permanently lose their right to vote in federal and state elections.

Sometimes, the right to vote is returned automatically when a defendant goes on parole or probation. Still, in Texas, someone convicted of a federal felony is unable to vote for two years after release. To put things in perspective, 10 states will ban felons from ever voting again.

Owning Firearms

Another civil right that's taken away after a felony conviction is the ability to own firearms. This is part of a federal statute.

Anyone convicted of a crime that was punishable by over a year in prison cannot possess a firearm, according to 18 U.S. C. Section 922(g)(1). 

Likewise, one does not have the right to own a firearm if they are convicted of domestic battery in Texas. Many other states have these prohibitions.

Serving on a Jury

Federal law curbs a person's right to serve on a federal jury after a conviction in a local or state court.

Ultimately, the conviction must be for something that carries a penalty of longer than one year. There isn't a requirement to serve that long behind bars; if it's a possibility, the prohibition is triggered.

Testifying in Federal Trials

Having a federal conviction might be used against the person during future criminal proceedings, as well. The jury might use that history to determine that they aren't credible. However, the judgment isn't admissible if it was part of a certificate of rehabilitation, annulment, or pardon

Holding Some Public Offices

Generally, a federal conviction could impact a person's ability to hold certain offices within the federal government. It's important to note that the United States Constitution doesn't prevent someone convicted of a felony from holding elected office (or running for office), including as the President or a member of Congress.

Similarly, there are no federal statutes barring someone convicted of a crime from being employed by the government. Still, agencies will look at a person's criminal history when making those hiring decisions.

In a sense, a conviction could make it much harder to pursue federal employment, though it's not impossible.

Each state can also determine the employment rules. Some jurisdictions will not allow felons to be employed by the local government at any level. Others don't bar anyone convicted of a state or federal crime. For more information, skilled criminal defense attorneys in Fort Worth may be able to help.

Restoring Civil Rights - The Options Available (Set Aside, Pardon, Application for Restoration of Civil Rights, Expungement, and More)

After being convicted of a federal crime impacting civil rights, relief could be possible. Sometimes, those rights are returned to the person after a specific amount of time. Usually, though, one must actively recover them, and the process isn't easy. Here are some of the options available:

One option after a conviction of the offence is to have those rights restored by requesting a pardon from the governor. To qualify for what's called a set aside, one must have completed their community supervision and met other requirements. 

If eligibility requirements are met for a set aside, one could request a full pardon from the Texas governor.

Similarly, the Texas Code of Criminal Procedure Article 48.05 can help one get their civil rights restored. This application is a form of pardon. The rules include:

• The offense must not involve a threat of violence, firearms, or drugs.

• The sentence must have been completed.

• The conviction must have happened three years before the date for a federal offense or at least two years before the application date for a foreign offense.

• There cannot be other convictions at any other time for any offense under the laws of any state.

To have the restoration granted, one must submit three affidavits from others showing their good character. A lawyer can assist with drafting these, but one must have three people recommend the restoration. They can also explain Is "knock and talk" legal in Texas?

An application to restore a person's civil rights may be submitted to a sheriff of the county where the person lived at the time of the application or resided at the time of the offense/conviction. Likewise, one can send it directly to the Board of Pardons and Paroles.

If one sends it to the sheriff, they will review the application to determine whether to recommend to the Board that those civil rights should be restored. However, if the sheriff does not recommend this, the application could be directly submitted to the Board. 

Likewise, if the sheriff recommends that those rights be restored, the Board could agree and forward it to the governor or independently review it. The Board might require additional information.

When the governor receives the recommendation, the governor may grant or deny the restoration of civil rights to the individual. If it is denied, one must wait a full year before sending another application, and it must be from the date of the denial. However, if the governor grants the restoration, one receives a certificate to show this.

Expungement and sealing of records are also possible in certain circumstances at the state level. However, that doesn't work for the federal system. Ultimately, the only way this can happen federally is when the arrest or conviction was found to be invalid.

There is a federal statute for expunging convictions, which is called the Federal First Offender Act. It allows probation before an entry of judgment for federal drug charges (misdemeanor).

At both the state and federal levels, presidential pardons are also an acceptable way to have rights restored. Generally, it's the most difficult to get but the most sweeping. Overall, this will not reverse or eliminate the conviction, but it will allow the person convicted to own firearms and vote again.

Hire a Criminal Defense Attorney in TX for Assistance

You might think that moving to another state can help you restore your civil rights, but that's rarely the case after a conviction. Local and federal government, including the DOJ, like collateral, and that's often you fighting for your rights after imprisonment and prosecution. Instead, hire a lawyer who understands the law and how it can work for convicted felons.

If you're seeking a restoration of rights, you deserve someone on your side who keeps things confidential and fights for you. Sparks Law Firm is here to assist. We are with you up until the application is submitted, which can prevent you from being disqualified. Please call for a free consultation today.