Texas Pardons and Expunction: How a Conviction Can Be Cleared

Most of Texas record-clearing law is about cases that did not end in a conviction. If you were convicted, the options narrow sharply. A pardon is the one route that can take a conviction all the way to expunction. It is difficult to get and takes time, so it helps to understand what it is before deciding whether to apply.

Can a Conviction Be Expunged in Texas?

In short: Generally no. Expunction under Code of Criminal Procedure Chapter 55A is designed for arrests that did not lead to a conviction. The main exception is a pardon: a person who is convicted and later pardoned is entitled to have the records of that arrest expunged.

That is why pardons matter for record clearing. Without one, a final conviction stays on the record, although some misdemeanor convictions can be sealed with an order of nondisclosure.

What Types of Pardons Does Texas Grant?

In short: The two that matter most for record clearing are a full pardon and a pardon for innocence. A full pardon forgives the offense and restores certain rights lost because of the conviction. A pardon for innocence is granted when the person has been shown to be actually innocent. Either one opens the door to expunction.

• Full pardon. Forgives the conviction and restores certain civil rights, and makes the offense eligible for expunction.
• Pardon for innocence. Granted on a showing of actual innocence. It also leads to expunction.
• Conditional pardon. Releases a person from a sentence subject to conditions. It does not have the same effect on the record.

Who Decides a Texas Pardon?

In short: The Governor, but only after the Texas Board of Pardons and Paroles recommends it. Under the Texas Constitution the Governor cannot grant a pardon without a written recommendation from a majority of the Board. The application goes to the Board first, and the decision is discretionary at both steps.

The process starts with a written application to the Board. A typical application includes certified court records for the conviction, the offense report, a criminal history, employment and personal history, and letters of recommendation. The Board reviews the file and votes. If a majority recommends clemency, the recommendation goes to the Governor, who may grant or deny it.

Two limits are worth knowing at the start:

• Texas convictions only. The Governor can pardon offenses under Texas law. A federal conviction requires a presidential pardon, and a conviction from another state has to be addressed in that state.
• No guarantee and no fixed timeline. Clemency is an act of grace. A strong application improves the odds; it does not create a right to a pardon.

Does a Pardon Clear Your Record Automatically?

In short: No. A pardon makes the offense eligible for expunction, but the records stay in place until a court orders them destroyed. After a pardon is granted, a petition for expunction still has to be filed under Chapter 55A, naming every agency that holds a record of the arrest and conviction.

This second step is often overlooked. The pardon is the hard part, but the expunction is what actually removes the arrest and conviction from background checks. The process and timing are the same as for any other expunction. See how long an expunction takes in Texas.

What If a Pardon Is Not Realistic?

In short: Check the other remedies first. Some misdemeanor convictions can be sealed with an order of nondisclosure. Charges from the same arrest that were dismissed may qualify for a limited expunction even though another charge ended in conviction. And if the issue is sex offender registration, deregistration is a separate process.

• Order of nondisclosure for eligible misdemeanor convictions.
• Limited expunction for dismissed charges from a multi-charge arrest.
• Sex offender deregistration and pardon review.

Not sure where your case falls? The eligibility check is free and takes about 10 minutes, or call (469) 437-5674.

Frequently Asked Questions