Clemency

Clemency in Texas

Clemency is a way in which someone can ask for relief from the burden of their criminal sentence or conviction from an executive authority. For those with a state conviction, the Texas Governor has the authority to grant clemency upon the written recommendation of a majority of the Texas Board of Pardons and Paroles (BPP). For those with a federal conviction, the U.S. President has the authority to grant clemency.

Texas Laws & Rules

Article 4, Section 11 of the Texas Constitution
Constitutional law giving authority to the Governor to grant reprieves, commutations and pardons.
Texas Code of Criminal Procedure, Chapter 48
State law governing additional aspects of the pardon process.
Title 37, Part 5, Chapter 143 of the Texas Administrative Code
State regulations governing executive clemency from the Texas Board of Pardons and Paroles

Federal Laws & Rules

Article II, Section 2 of the United States Constitution
Constitutional law giving the President the power to grant pardons and reprieves.
Title 28, Part 1 of the U.S. Code of Federal Regulations
Federal regulations governing executive clemency from the U.S. Department of Justice (DOJ).

Understanding the Law

State

Executive Clemency (Texas Board of Pardons and Paroles)
This page from the BPP provides information on the governor's authority to grant clemency.
Clemency Process (Texas Board of Pardons and Paroles)
Answers from the BPP to frequently asked questions on the clemency process.
Parole in Texas - Executive Clemency
A section from the BPP publication on parole that provides some additional answers to frequently asked questions on clemency.

Federal

Pardon Information and Instructions
This page from the DOJ provides information as well as instructions on the clemency process.
Frequently Asked Questions
Answers from the DOJ to frequently asked questions about federal clemency.

National

Clemency (Death Penalty Information Center)
General information on clemency policies across the United States.

Clemency Forms

Below are links to forms we've been able to locate online from the Texas Board of Pardons and Parole and the U.S. Department of Justice.

Texas Forms

All of these state applications are also available as editable Microsoft Word documents on the Texas Board of Pardon and Paroles website.

Pardons

Full Pardon Application
An application for a form of clemency which restores certain citizenship rights forfeited upon criminal conviction as well as remove barriers to some, but not all, types of employment and professional licensing
Full Pardon Application (Deferred Adjudication, No Other Arrests/Convictions)
An application for those who have completed the term of their deferred adjudication with no other arrests and no other convictions on their record.
Full Pardon Application (Deferred Adjudication wtih Other Arrests but No Convictions)
An application for those who have completed the term of their deferred adjudication with other arrests on their record but no other convictions.
Pardon for Innocence Application
An application for a form of clemency which exonerates a person of the crime and erases the conviction when there is evidence of actual innocence or a court has determined the person is innocent.
Conditional Pardon Application
A form of clemency which serves to release the grantee from the conditions of his or her sentence and/or any disabilities imposed by law thereby, subject to the conditions contained in the clemency proclamation.

Commutation of Sentence

Commutation of Sentence Application
A request to reduce a criminal sentence to a lesser time period. This is often referred to as a "time cut".

Reprieves

Emergency Medical Reprieve Application
A request for a delay or temporary suspension of punishment for offenders who are terminally ill (six months or less to live), totally disabled, or who have been denied Medically Recommended Intensive Supervision (MRIS).
Reprieve for Family Emergency Application
A request for a temporary release from the terms of an imposed sentence for offenders to attend funerals or to visit critically ill relatives.

Remissions

Remission of Bond Forfeiture Application
A form of clemency that would cancel a forfeiture of a bond.
Remission of Fine Application
A form of clemency that would release the grantee from payment of all or a portion of a fine.

Restorations

Restoration of Civil Rights Application (Federal or Military Offense)
A request for restoration of civil rights of certain individuals convicted of a federal or military offense.
Restoration of Civil Rights Application (Federal or Military Offense from a Foreign Country)
A request for restoration of civil rights of certain individuals convicted of a federal or military offense from a foreign country.
Restoration for Firearms Rights Application
This application is intended for use only by persons who have been previously granted a full pardon and wish to apply for a Restoration of Firearm Rights connected to the pardon which has been granted.
Restoration of Driver's License Application
A request to have a driver's license restored by the governor after denial of an application for an occupational driver's or commercial operator's license by the district court having jurisdiction.

Federal Forms

Petition for Pardon After Completion of Sentence
Petition to request a pardon for federal offenses, including those adjudicated in the United States District Courts, the Superior Court of the District of Columbia, and military courts-martial.
Petition for Commutation of Sentence (Sentence Reduction)
Petition used to to commute, or reduce, a sentence imposed upon conviction of a federal offense, including to remit, or reduce, the amount of a fine or restitution order that has not already been paid.

E-Books from the Texas State Law Library

You can borrow the e-books below with your library account. Don't have a library account? Texas residents can register for a library account online! Learn more about how to register online .

Texas criminal practice guide
Expunction of arrest records is covered in chapter 11. It discusses the procedure to obtain an expunction, which includes a checklist. It also includes a summary of how to petition a court for an order of nondisclosure and part III includes forms for a petition and order for expunction of records.

Volume 5, Ch. 100 discusses pardons.

Reentry Resources for Former Prisoners