Certain criminal convictions can affect your family life, including your ability to foster and adopt children, act as a guardian for a family member, or legally change your name. We've detailed some of these restrictions below.

Note This page is not a complete list of restrictions. If you need help researching specific restrictions, please ask a librarian.

A felony conviction can be used as grounds in a divorce. Section 6.004 of the Texas Family Code states that a court can grant a divorce in favor of one spouse if the other spouse:

• has been convicted of a felony;
• has been imprisoned for at least a year in a state or federal penitentiary; and
• has not been pardoned.

This law contains an exception: the court cannot grant a divorce against a spouse who was convicted on the testimony of the other spouse.

See our Divorce guide for more information on Texas divorce proceedings.

Texas Law

Chapter 45, Subchapter B of the Texas Family Code governs adult name changes. See the Adults page of our Name Changes in Texas guide for more information on this process.

An adult name change petition must include information about any offense above a Class C misdemeanor for which the person was charged.

Those with felony convictions or sex offender registry requirements must take extra steps to legally change their name. These steps do not apply if the person is changing their name back to the name primarily used in their criminal history records.

Felony Convictions

The court can only change the name of a person with a final felony conviction if they have:

• received a certificate of discharge by the Texas Department of Criminal Justice; or
• completed a period of community supervision or juvenile probation; or
• been pardoned.

The person must wait at least 2 years after receiving their discharge receipt or completing their sentence to change their name.

Sex Offender Registry

If the person is required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, they must:

• follow the steps listed above for felony convictions; and
• provide the court with proof that they have notified the appropriate law enforcement of the proposed name change.

Texas Law

Understanding the Law

A court can involuntarily terminate a parent's rights to their child based on incarceration and certain criminal conduct. Chapter 161.001 of the Texas Family Code lists many serious criminal offenses that can be used as grounds for a termination case. 

Please see our Termination of Parental Rights guide for more details on this process. 

Texas Law

Criminal convictions can affect your immigration status. In some cases, certain convictions can result in an immigrant's deportation. They may also be barred from receiving U.S. citizenship or reentering the country.

Federal law allows an immigrant to be deported for "aggravated felonies." Despite the name, this category includes a wide variety of both misdemeanor and felony offenses. See a list of offenses designated as "aggravated felonies" in 8 U.S. Code Section 1101 (a)(43).

We have more information on the immigration process on our Immigration Law guide.

Texas & Federal Law

Understanding the Law

In some cases, a felony or misdemeanor conviction may prevent a person from fostering or adopting a child. These restrictions apply to both prospective foster and adoptive parents and members of their household. 

Convictions for certain offenses (like violent offenses or offenses involving children) result in an automatic ban from the foster and adoption system. Other convictions may be barred for a set amount of time or require a risk evaluation.

There are also different restrictions depending on whether the prospective foster or adoptive parent is a relative or a person with a longstanding relationship to the child.

Additionally, an adopted child's health history is required to include criminal history records for members of the child's biological family. This includes parents, grandparents, siblings, and past legal caregivers.

Texas Law

Understanding the Law

According to Section 1104.353 of the Texas Estates Code, certain criminal history convictions disqualify a person from being appointed a guardian over a ward. These include:

• sexual offenses including sexual assault, aggravated sexual assault, and prohibited sexual conduct;
• aggravated assault;
• injury to a child, elderly individual, or disabled individual;
• abandoning or endangering a child, elderly individual, or disabled individual;
• terroristic threat; or
• continuous violence against the family of the ward or incapacitated person.

See our Guardianship guide for more information on laws governing guardianship in Texas.

Texas Law

Probate is the legal process of settling a person's estate after their death. In probate proceedings, a person is appointed to handle any debts and distribute the deceased's property.

This person is either called the "executor" or the "administrator" depending on the situation. Executors and administrators must meet certain requirements and be approved by the court.

Section 304.003 of the Texas Estates Code disqualifies people with felony convictions from serving as an executor. However, if the will names an executor who has a felony conviction, the court may sometimes make an exception. 

See our Probate Law guide for more information about the Texas probate process.

Texas Law

Understanding the Law