Restoration of Rights/Setting Aside Convictions

A criminal record can hold a person back personally and professionally. Convicted felons often have difficulty obtaining good jobs, getting into schools, or just moving on in life, and feeling like they have closed the door on a chapter of the past. Once a person pays their debt to society through fines, jail time, or successfully completing probation, it is time to clean up their criminal record.

A person who has only been convicted of one felony offense in his lifetime automatically has his civil rights restored if he completes the term of probation or receives an absolute discharge from probation and pays any fine or restitution imposed. This automatic restoration of rights does not include the right to possess weapons. A person must apply for that right.

Texas Law allows a person convicted of two or more felonies to apply to the judge who sentenced him to restore his civil rights after he is discharged from probation or absolutely discharged from prison. However, a person convicted of a dangerous offense (one involving the use or a deadly weapon or dangerous instrument or one that resulted in the serious physical injury of the victim) may not file for the restoration of his right to possess or carry a firearm.

A person convicted of a serious offense (e.g. murder, sexual assault, arson, armed robbery, kidnapping, etc.) may not apply for restoration of a right to carry a firearm for 10 years after his discharge from prison or probation. A person convicted of any other offense must wait at least two years to apply to restore his right to possess a firearm. If a person meets these qualifications, then he must file an application to restore civil rights with the Superior Court in which he was sentenced.

A conviction for a felony suspends the right to vote, the right to hold public office, the right to serve as a juror, and during any period of imprisonment, any other civil right which is necessary for the security and protection of the public. Conviction also suspends the right to possess a gun or firearm.

Generally, a person whose period of probation has been completed may have his civil rights restored by a judge upon proper application, although there may be further restrictions on the right to possess or carry a gun or firearm. At The Sheena Law Firm we can file a petition requesting that the court restore your civil rights so that you can again vote and carry a gun.

We can also help you have your conviction set aside. This statute allows a court to set aside a judgment of a convicted person on discharge. Every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge's successor, to have the judgment set aside.

Application must be made in writing by an attorney, probation officer or the defendant. If the judge grants the application, the court shall set aside the judgment of guilt and dismiss the accusations, except for penalties imposed.

Any offense involving the following may not be set aside:

• Offenses involving serious physical injury

• Offenses involving use or exhibition of a deadly weapon or dangerous instrument

• Offenses involving victim under the age 15

• Sexual offenses

• Violation of any local ordinance related to operation of a vehicle

Note: A conviction for DUI and certain other criminal traffic offenses under state law can be set aside because they are not violations of “local ordinances” pertaining to the operation of a vehicle.

If you have been convicted of a felony, meaning you were formally adjudicated guilty, you may seek restoration of your civil rights. Call The Sheena Law Firm today to discuss your case.