Last updated:  November 29, 2024

I.  Loss & restoration of civil/firearms rights 

A.  Civil rights

The state constitution states that persons convicted of “any felony” are not allowed to vote, subject to “such exceptions as the Legislature may make.” Tex. Const. art. 6, § 1(a).  In addition, “[t]he legislature shall enact laws to exclude from the right of suffrage persons who have been convicted of bribery, perjury, forgery, or other high crimes.” Art. 6, § 1(b).  The right to vote is automatically restored upon “discharge [of] the person’s sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court,” or if the person has been pardoned.  Tex. Elec. Code §§ 11.002(4)(a), (4)(b).  See Mason v. State, 598 S.W.3d 755 (St. App. 2020) (person on federal supervised released not restored to vote).  Under Texas caselaw, a fine is imposed as part of the sentence (not simply as a condition of supervision), but restitution and court costs are not. See Burg v. State, 592 S.W.3d 444, 451 (Tex. Crim. App. 2020).

The same disqualification governs exclusion from elected office:  Tex. Const. art. 16, § 2.   See also art. 16, § 5: those convicted of bribery “shall be disqualified from holding any office of profit, or trust, in this State.”  Tex. Elec. Code  § 141.001(a)(4) provides that to be eligible for elective office someone must “have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities.”   Other disqualifications can be found within Texas statues: Tex. Gov’t Code § 406.018 (notary public; conduct amounting to willful neglect of duty or malfeasance); Tex. Local Gov’t Code § 87.031 (county office; any felony or a misdemeanor involving official misconduct); § 252.063 (municipal office; violation of bidding laws results in ineligibility for four years after the date of final conviction).  For individuals with only one federal or foreign conviction (including misdemeanors), not involving drugs, guns, violence or firearms, the governor may restore civil rights so long as the application was submitted after three years for federal offenses or two years for out of state offenses. Tex. Code Crim. Proc. art. 48.05. This authority is also dependent upon receiving an affirmative recommendation from the Board. 

The same constitutional standards apply to jury eligibility:  “The legislature shall enact laws to exclude from serving on juries persons who have been convicted of bribery, perjury, forgery, or other high crimes.” Tex. Const. art. 5, § 14.  See also Tex. Gov’t Code §§ 62.102(8) and (9) (exclusion also includes misdemeanor theft and pending charges for a felony or misdemeanor theft).  Jury eligibility may be restored by pardon, or gubernatorial restoration of rights for federal and out of state convictions pursuant to Tex. Code Crim. Proc. § 48.05, as described above.   Persons convicted in other states must seek relief in the jurisdiction of their conviction.  Id.  

B.  Firearms

A person convicted of a felony is prohibited from possessing any firearm for five years after the date of the person’s release from confinement or release from community supervision, parole, or mandatory supervision, whichever is later.  Tex. Penal Code § 46.04(a)(1).  After that period, the person may possess a firearm, but only at the premises at which they lives.  § 46.04(a)(2).¹ Also prohibited for a period of five years are those convicted of certain domestic violence offenses punishable as a Class A misdemeanor, although the limitation on possession in the home after five years does not apply. § 46.04(b). Firearms dispossession does not apply where a person’s conviction has been set aside pursuant to Tex. Code Crim. Proc. art. 42A.111(a), (c) (“a dismissal and discharge under this section may not be deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense”).  Federal disabilities under 18 U.S.C. § 922(a) may still apply if the provisions of § 921(a)(20) are not satisfied.

Individuals may apply to the Texas Board of Pardons and Paroles for restoration of firearm rights after they have been granted a full pardon, and instructions and an application form are provided on its website. The Board will consider recommendations for restoration of firearm rights “only in extreme and unusual circumstances which prevent the applicant from gaining a livelihood, and where proof is provided that a previously granted full pardon allows such restoration. 37 Tex. Admin. Code § 143.12.² 

C.  Collateral consequences

The Texas State Law Library has collected the provisions in the Texas codes that impose collateral consequences.  First created in 2002, the revised online edition of the catalog is kept current and provides links directly to the full statutes, found on the Texas State Law Library website. Statutory restrictions are presented by code, by profession and business license, and by subject matter.

II.  Pardon policy & practice

A.  Authority

The governor’s authority to pardon is set forth in the State Constitution, and explained in Chapter 48 of the Code of Criminal Procedure.  Under Tex. Const. art. 4, § 11(b), the governor may not issue a pardon except upon affirmative written recommendation from a majority of the members of the Board of Pardons and Paroles (except for a one-time 30-day reprieve in a capital case).  See also Tex. Code Crim. Proc. art. 48.01; Texas Board of Pardons and Paroles, Clemency section on its website. See also State ex rel. Smith v. Blackwell, 500 S.W.2d 97,100 (Tex. Crim. App. 1973) (discussing the 1936 constitutional amendment that requires the governor to act only upon the Board’s recommendation).  The Board consists of seven members appointed by the governor to staggered six-year terms. Tex. Gov’t Code Ann. § 508.031(a). The governor also selects the Board’s chair.  Board members are full-time government employees.  They may be removed by the governor that appointed them at any time; those appointed by another governor may be removed only for cause.   For a history and analysis of clemency in Texas, see Texas Appleseed and Texas Innocence Network Project, The Role of Mercy: Safeguarding Justice in Texas through Clemency Reform (2005).

B.  Eligibility

A pardon is available after conviction or upon successful completion of a term of deferred adjudication community supervision for all criminal cases except treason and impeachment, which requires advice and consent of the legislature. Tex. Const. art. 4, § 11; Tex. Code Crim. Proc. art. 48.01; 37 Tex. Admin. Code § 143.5.  The Board may recommend a pardon be granted to a person placed on deferred adjudication community supervision who submits an application “on or after the 10th anniversary of the date of discharge and dismissal.” Tex. Code Crim. Proc. art. 48.01(b). Generally, outstanding fines or other monetary obligations do not bar consideration.  Applications for people with misdemeanor convictions are also accepted, and considered for recommendation “only when exceptional, extreme, and unusual circumstances exist,” a burden which rests on the applicant. 37 Tex. Admin. Code § 143.10. If an applicant has any federal or out-of-state conviction, prior to the last Texas conviction, pardons are only considered if granted a full pardon from that jurisdiction or proof that other jurisdictions will not act until a full pardon is granted by the Governor of Texas. 37 Tex. Admin. Code § 143.7.   See also first offender restoration available to federal and foreign offenders, discussed below.

Human trafficking/domestic violence survivors: On Feb. 20, 2020, Gov. Abbott issued a specialized clemency application for survivors of human trafficking and domestic violence. See Office of the Texas Governor Press Release.  The customized Clemency Application form is available on the Texas Board of Pardons and Paroles website.

C.  Effect

A full pardon is defined as “an unconditional act of executive clemency by the governor which serves to release the grantee from the conditions of his or her sentence and from any disabilities imposed by law thereby.” 37 Tex. Admin. Code § 141.111(17). Pardon restores all civil rights lost as a result of conviction, including the right to hold public office, and the right to serve as executor or administrator of an estate, and removes barriers “to some, but not all, types of employment and professional licensing.”  The state board advises that “[l]icenses are granted at the discretion of state licensing boards for each profession, and requirements for restoring licensing eligibility in a particular field should be obtained from that licensing board.” Texas Board of Pardons and Paroles, Effects of a full pardon.  See also Op. Atty. Gen. No. MW-270 (1980) (pardon does not entitle felony offender to be certified as peace officer); Dixon v. McCullen, 527 F. Supp. 711 (N.D. Tex. 1981) (pardon removes some, but not all, legal disabilities; it does not overcome statute automatically excluding convicted persons from certification as a police officer.)  It is not clear whether a pardoned offense may serve as predicate. 

D.  Expungement following pardon

A pardon is grounds for an expungement order. Tex. Code Crim. Proc. art. 55A.004. According to the state pardon board, “A person receiving a full pardon after a conviction is entitled to an expunction of all arrest records relating to the conviction. This requires the applicant to request an expunction from the appropriate state court.” See Texas Board of Pardons and Paroles, Effects of a full pardon, supra.  After expungement, an individual may deny the fact of conviction, except that the individual must admit that he has a conviction that was expunged if questioned under oath at a criminal proceeding.  Tex. Code Crim. Proc. art. 55.03(3).   Full pardon does not relieve obligation to register as sex offender.  Only a “special pardon” (a full pardon on the grounds of innocence) declares a person innocent of the crime and provides for complete freedom from legal implications of the conviction.  Id. at art. 62.002(c).

E.  Process

Applicants file a petition with the Board Executive Clemency Section, which conducts an investigation. Petition forms, instructions, and checklists for the various forms of pardons are available on the Texas Board of Pardons and Paroles website. Notice is required to the court, prosecutor, and victim, if applicable. Tex. Govt. Code §508.115. 

Individual board members review each petition and cast their vote without consulting with others. Texas law allows Board members to perform their duties in clemency matters without meeting as a body, and without holding a public hearing. Tex. Gov’t Code Ann. § 508.047(b). (In this respect, Texas is unique among statutory pardon boards that have decision-making authority.) No hearing is required for applicants for first offender restoration of rights, though three character affidavits are required. The Board must recommend to the governor in writing by majority. All Board recommendations for and against clemency are public information. The Board does not publish substantive criteria upon which it makes decisions in clemency matters, and the administrative rules only discuss recommendations made in “exceptional, extreme, and unusual circumstances.  If denied, a person may refile two years after that denial. 37 Tex. Admin. Code § 143.14.

F.  Frequency of grants

Current Texas Governor Greg Abbott has pardoned sparingly since taking office in 2015 (51 pardons as of the end of 2023), all to individuals with minor dated convictions, and less than half the number recommended to him by the Board – which only recommends a small fraction of the cases considered.  Abbott’s pardons have tended to come at Christmastime, and are labeled by the press an “annual holiday ritual.”  See e.g., Gov. Greg Abbott pardons five Texans, The Dallas Morning News (Dec. 22, 2016); Governor Abbott Grants Clemency to Eight Texans Recommended by Texas Board of Pardons and Paroles, Press Release (Dec. 23, 2021); Governor Abbott Grants Clemency to Two Texans Recommended by Texas Board of Pardons and Paroles, Press Release (Dec. 22, 2022); Governor Abbott Grants Clemency to Three Texans Recommended by Texas Board of Pardons and Paroles, Press Release (Dec. 21, 2023).³.   Indeed, since 2015, the year Abbott took office, Board reports have lumped all “non-capital clemency” into one category without distinguishing commutations or other record relief from pardons, giving the entire category no more than a sentence or two in a 30-page report otherwise chock full of information about its caseload. In its most recent Annual Statistical Report in FY23, the Board reported that it recommended only 3 out of 105 clemency applications received in 2023.  However, in the three previous years (2020 through 2022) it reported that it recommended fully half of the 300 applications received. See 2023 Report at p. 23. 

During his ten years in office, Rick Perry granted close to 200 full pardons (59 for the so-called Tulia defendants), many for innocence, some only to restore firearms rights or civil rights to federal offenders. These partial statistics come from the Annual Reports of the Texas Board of Pardons and Parole, and the Board Ombudsman.

G.  First offender restoration process

For federal and foreign felony offenders with only one conviction (including misdemeanors), not involving drugs, guns, violence or firearms, the governor may also restore civil rights under Tex. Code Crim. Proc. art. 48.05. This authority is also dependent upon receiving an affirmative recommendation from the Board. This is “a form of pardon that restores all civil rights under the laws of this state that an individual forfeits as a result of the individual’s conviction of an offense, except as specifically provided in the certificate of restoration.”  Art. 48.05(k).  An individual convicted of a prior federal offense may not apply for restoration of civil rights forfeited in the state as a result of the federal conviction if the individual has also been convicted of any other offense, including a misdemeanor offense.  Tex. Op. Atty. Gen. No. DM-486 (1998).  Individuals convicted of federal and foreign offenses become eligible for restoration of rights three years after federal convictions, and two years after foreign convictions.  Tex. Code Crim. Proc. art. 48.05(b)(2).  Individuals may apply either to the local sheriff, who sends it on to the Board, or directly to the Board, which conducts a paper review.

H.  Contact

Texas Board of Pardons and Paroles

Clemency Section

8610 Shoal Creek Boulevard

Austin, Texas 78757

Phone: (512) 406-5852

E-mail: bpp-clemency@tdcj.texas.gov 

III.  Expungement, sealing & other record relief

A.  Order of Nondisclosure (OND) (sealing)

Criminal history records subject to Orders of Nondisclosure (OND) are governed by Subchapter E-1 of the Texas Government Code. See Tex. Gov’t Code §§ 411.071 – 441.0775. ONDs apply to criminal history records for delineated convictions and sentences of community supervision for misdemeanor offenses, deferred adjudication sentences, and charges affecting individuals within certain populations (veterans or victims of trafficking).

In all cases, anyone convicted of or discharged for an offense listed at Tex. Gov’t Code. § 411.074(b) at any time is ineligible for an OND.  Listed offenses include those requiring sex offender registration (Chapter 62, Code of Criminal Procedure), domestic violence offenses (Section 71.004, Family Code), and other specified violent offenses (Sections 19.02, 19.03, 20A.02, 20A.03, 20.04, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal Code).  An OND may not be ordered if a person is convicted or placed on deferred adjudication for another offense (excluding fine-only traffic offenses) during any applicable waiting period. § 411.074(a). Eligibility criteria, waiting periods, and procedures depend on the offense type and disposition, as discussed below. 

1.  OND for misdemeanor convictions 

First offense misdemeanor convictions and community supervision:  Most misdemeanor convictions and sentences of community supervision following conviction are eligible for an OND upon petition to the sentencing court so long as the person has no prior convictions or deferred adjudications for any offense other than a traffic offense punishable by fine only. Tex. Gov’t Code  §§ 411.073(b), 411.0735(b). Excluded offenses, in addition to those listed above under § 411.074(b), are listed at  §§ 411.073(a)(1), 411.0735(a)(1).⁴ Individuals convicted of misdemeanors or placed on community supervision for misdemeanors punishable by fine only may petition for an OND immediately upon completion of sentence; otherwise, a two-year waiting period from the date sentence completion applies.  §§ 411.073(d), 411.0735(d).

First offense DWI:  In 2017, the Texas legislature expanded eligibility for ONDs to certain misdemeanor convictions and sentences of community supervision for first-offense driving while intoxicated offenses (blood-alcohol concentration less than .15) that do not result in motor vehicle accidents involving another person. Tex. Gov’t Code §§ 411.0731, 411.0736. Waiting periods of 2-5 years from the date of completion of sentence apply. §§ 411.0731(f), 411.0736(f). The waiting period is shorter (2-3 years, depending on sentence) if a condition of the sentence included restrictions on motor vehicle operation for at least 6 months. §§ 411.0731, 411.0736(f)(1). 

2.  OND for deferred adjudication community supervision  

Under art. 42A.102, most offenses are eligible for deferred adjudication, except for DUI-related offenses, repeat drug trafficking near a school, a range of repeat sex crimes, child sex crimes, and murder.  Tex. Code Crim. Proc. art. 42A.102(b).⁵  In a felony case, the period of community supervision may not exceed 10 years; in a misdemeanor case it may not exceed 2 years.  Art. 42A.103.   A person placed on “deferred adjudication community supervision” without a conviction under article 42A.101, Code of Criminal Procedure, who subsequently receives a discharge and dismissal under section 5(c), article 42A.111 (discharge after completion of community supervision), is no longer subject to most collateral consequences, including firearms disabilities.  See Tex. Code Crim. Proc. art. 42A.111(c) (“a dismissal and discharge under this article may not be considered a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense,” but it may be taken into account in a subsequent prosecution, and for certain licensing purposes). See also special provisions on licensure described in Part III.  Under § 411.071, et seq. of the Texas Government Code, a person placed on deferred adjudication community supervision and discharged as defined in § 411.0715 may be eligible for an “order of nondisclosure” (OND).  See §§ 411.072 (certain non-violent misdemeanors), 411.0725 (felonies and certain misdemeanors), 411.0726 (driving or boating while intoxicated misdemeanors). Except for Class C misdemeanors, defendants are not entitled to expunction where a period of community supervision has been ordered, even if the charges are later dismissed pursuant to a deferred adjudication plan.  Art. 55A.051(3).

Automatic OND:  For many non-violent misdemeanors,⁶ the court is required to issue an OND upon discharge without a petition (excluding the exceptions at § 411.074(b) described above) following deferred adjudication community supervision unless the court has previously made a finding of fact that an OND would not be in the interests of justice, or the person has been previously convicted or placed on deferred adjudication community supervision for an offense other than a fine-only traffic offense.  Tex. Gov’t Code § 411.072.  The order is issued at the time of discharge if 180 days have passed since placement on community supervision, or as soon as possible on or after the 180th day if discharge occurs before that time.  Tex. Gov’t Code § 411.072(b).

OND by petition:  People charged with felonies and serious and repeat misdemeanors who are discharged following deferred adjudication community supervision and who are not eligible for an automatic OND, including those who are ineligible solely because of the judge’s finding that issuing an OND is not in the best interests of justice, may still seek one by petitioning the court that ordered deferred adjudication.  Tex. Gov’t Code § 411.0725.  Waiting periods for serious misdemeanors (2 years) and felonies (5 years) apply, calculated from the date of discharge and dismissal.  § 411.0725(e).  There is no waiting period for repeat misdemeanors that would otherwise be eligible for an automatic OND.  Id.

3.  Veterans treatment court 

Per a 2019 law (HB 714), upon completion of the “veterans reemployment program” (under Chapter 124) and all other conditions of community supervision, regardless whether the defendant meets other eligibility criteria, after notice to the state and a hearing on whether an order of nondisclosure is in the best interest of justice, the “court shall enter an order of nondisclosure.”  § 411.0727. A person who successfully completes a veterans treatment court program (except if referred based on a DUI conviction) is entitled to file a petition for OND in the court that placed the person in veterans court, unless the person has previously convicted of an offense listed in Article 42A.054(a), Code of Criminal Procedure, or a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure, and was not convicted of a felony in the two year period from the date of completion. § 411.0727(b). Id.

4.  Victims of human trafficking 

Individuals convicted of or placed on deferred adjudication community supervision for certain marijuana, theft, or prostitution offenses may petition for an OND if the offense was committed “solely” as the result of their being a victim of human trafficking.  Tex. Gov’t Code §§ 411.0728(a), (b).  A court may grant an OND for multiple offenses at a single proceeding.  See § 411.0728(b-3).  Victims will be required to provide assistance in human trafficking or prostitution investigations or prosecutions—if requested by law enforcement—before receiving an OND, § 411.0728(a)(2), and wait one year following completion of sentence or one year from discharge and dismissal of charges if placed on deferred adjudication community supervision. § 411.0728(d).  “Completion of sentence” includes paying all fines, costs, and restitution.  Id. Effective September 1, 2019, victims of human trafficking are eligible for community supervision, unless they have previously been placed on community supervision for a prostitution offense. See Tex. Crim. Pro. Code §§ 42A.054(e), 42A.102(b).

5.  Procedure

Where a petition is required, the procedure is the same regardless of the offense or disposition. Forms and instructions created by the Texas Office of Court Administration to request nondisclosures are available on TexasLawHelp.org, a website managed by Texas Legal Services Center, made possible through collaborative efforts by Texas legal aid organizations, foundations, courts, and nonprofits. In all instances, including automatic ONDs, a $28 fee must be paid before the court issues the order.  Tex. Gov’t Code §§ 411.072(c), 411.0745(b). After the court provides notice to the state, a hearing is held if requested by the state to determine whether the person is entitled to file the petition and issuance of the order is “in the best interest of justice.” § 411.0745(e).  The court “shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense” when eligible and in the best interests of justice.  §§ 411.072(b), 411.0725(d), 411.0726(d), 411.0727(c), 411.0728(c), 411.073(c), 411.0731(d), 411.0735(c), 411.0736(d).  Courts must inform eligible defendants of their right to petition for an order of nondisclosure before placing a person on deferred adjudication community supervision.  Texas Code Crim. Proc. art. 42A.106(b).

6.  Effect

An order of nondisclosure prohibits criminal justice agencies from disclosing to the public criminal history record information related to an offense, and criminal history record information subject to an order of nondisclosure is exempted from required disclosure under the Public Information Act.  Tex. Gov’t Code § 411.0765.  A criminal justice agency may disclose criminal history record information that is the subject of the order only to other criminal justice agencies, for criminal justice or regulatory licensing purposes; one of the licensing and employment entities listed in § 411.0765(b); or the person who is the subject of the order.  § 411.0765.  The entities listed in § 411.0765(b) include banks, schools, hospitals, various public licensing boards and agencies.  If a law enforcement agency receives a request for information subject to an OND from a person who is not authorized to receive the information, the agency may inform the person that it has “no record.”  Op. Atty. Gen. 2004, No. GA-0255.  A person may not be required to disclose a criminal proceeding subject to an OND on any application for licensing or employment.  § 411.0755.  Records subject to an OND are admissible in subsequent criminal proceedings and may be disclosed to prosecutors for criminal justice purposes.  § 411.0775.

The Texas Department of Public Safety must submit an annual report to the legislature on the number of petitions filed, number of orders granted, actions taken by DPS with respect to those actions, the cost incurred, and the number of people “who become the subject of criminal charges for an offense committed after the order was issued.” § 411.077. Only the 2022 Nondisclosure Report is available on the agency’s website.

B.  Expungement of non-conviction records  

1. Eligibility 

The provisions for expunction of non-conviction records were restructured under HB 4504, effective January 1, 2025. Certain dispositions are subject to automatic or mandatory expunction, while others are discretionary. Under Chapter 55A of the Texas Code of Criminal Procedure (Expunction of Criminal Records), a person who has been arrested “is entitled to have all records and files relating to the arrest expunged” following a trial court acquittal (art. 55A.002), a pardon for actual innocence (55A.003), pardons other than actual innocence (art. 55A.004), unlawful carrying of a handgun convictions (under § 46.02(a) of the Penal Code) prior to September 1, 2021 (art. 55A.005), mistaken identity (art. 55A.006), release without charging or dismissal (art. 55A.051, et. seq.). Except for Class C misdemeanors, defendants are not entitled to expunction where a period of community supervision has been ordered, even if the charges are later dismissed pursuant to a deferred adjudication plan. art. 55A.051(3).

A person is entitled to expunction of all records and files relating to the arrest if an indictment or information is not presented against the person (art. 55A.052) or if the indictment or information was dismissed or quashed due to completion of a veterans treatment court program (under Chapter 124, Government Code), mental health court programs (under Chapter 125, Government Code), pretrial intervention program (under sec. 76.011, Government Code), or if the indictment or information was void or resulted from a mistake, false information, or other similar reason (art. 55A.053).

Expunction is discretionary for appellate court acquittals or if recommended by the prosecutor following the appellate court acquittal. art. 55A.101. However, only records and files related to the arrest for an offense punishable by fine only qualify. art. 55A.101(b).  Expunction is prohibited where the records or files from the acquittal “arose out of a criminal episode,” and the person “remains subject to prosecution for at least one other offense occurring during the criminal episode.” art. 55A.151. Records relating to driver’s license suspension or revocation are ineligible (art. 55A.152), as are arrests for a violation of community supervision (art. 55A.153), or for “absconding after arrest.” (art. 55A.154).

A person is eligible immediately following a trial court acquittal, receipt of a pardon or pardon for actual innocence, a handgun conviction (art. 55A.005), or successful completion of a specialty court program (art. 55A.203). If an indictment or information is either not presented (art. 55A.052) or it is dismissed or quashed (art. 55A.053), a person is eligible after 180 days from date of arrest for Class C misdemeanor, 1 year from date of arrest for Class A or B misdemeanor, or 3 years from date of arrest for a felony or if a felony arose out of same arrest. Art. 55A.052, 55A.053. A person is eligible only if they had not been granted an expunction prior under the sections and the prosecutor certifies the files are no longer needed. Id. 

2. Procedure 

The procedure for expunging “all records and files relating to the arrest” is set forth in Subchapter E (Procedures for Automatic Entry of Expunction Order),  and involves petitioning the district court in the county of conviction or in which the arrest took place.  Forms and instructions created by the Texas Office of Court Administration to request expunction are available on TexasLawHelp.org.

Once an applicant demonstrates eligibility under the provisions of the statute governing expungement of records, the trial judge does not have the discretion to dismiss the petition or deny the request for an expungement. art. 55A.255; Perdue v. Texas Dept. of Public Safety, 32 S.W.3d 333, 334-35 (Tex. App. 2000). Pursuant to the procedure set forth in art. 55A.301, the court shall order “any state agency that sent information concerning the arrest to a central federal depository to request the depository to return all records and files subject to the order of [expungement].

3. Effect 

“[T]he release, maintenance, dissemination, or use of the expunged records and files for any purpose is prohibited,” and “the person arrested may deny the occurrence of the arrest and the existence of the expunction order.” Tex. Code. Crim. Proc. art. 55A.401(1), (2). “When questioned under oath in a criminal proceeding about an arrest for which the records have been expunged, [the person] may state only that the matter in question has been expunged.”  art. 55A.401(1).

C.  Expungement of firearms convictions 

In 2021 the legislature made certain firearms offenses legal and provided for expungement of firearms convictions where the underlying conduct is no longer a crime.  See HB1927, amending art. 55.01(a)(1)(C), recodified effective January 1, 2025, at art. 55A.005. 

D. Juvenile records  

Treatment of juvenile records was significantly altered with the enactment of S.B. 1304 in 2017.  Under the new law, delinquency records are automatically sealed if the person:

(1) is at least 19 years of age;

(2) has not been adjudicated as having engaged in delinquent conduct or, if adjudicated for delinquent conduct, was not adjudicated for delinquent conduct violating a penal law of the grade of felony;

(3) does not have any pending delinquent conduct matters;

(4) has not been transferred by a juvenile court to a criminal court for prosecution under Section 54.02;

(5) has not as an adult been convicted of a felony or a misdemeanor punishable by confinement in jail; and

(6) does not have any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail. 

Tex. Fam. Code § 58.253(b).  Under H.B. 1760, enacted in 2019, a juvenile court, upon a finding that the allegations are not true, is required to immediately and without a hearing order the sealing of all related records.  § 58.2551. It also provided for the automatic sealing of supervision records if:

(1) has records relating to the conduct filed with the court clerk;

(2)  is at least 18 years of age;

(3)  has not been referred to the juvenile probation department for delinquent conduct;

(4)  has not as an adult been convicted of a felony; and

(5)  does not have any pending charges as an adult for a felony or a misdemeanor punishable by confinement in jail. § 58.255.

In these cases, the juvenile probation department shall give notice to the juvenile court, which must act within 60 days to issue an order sealing all records. Id.

Individuals ineligible for automatic sealing may petition for sealing either upon reaching age 17 or one year after discharge so long as there are no pending charges for a felony or misdemeanor punishable by confinement in jail, the person was not transferred to criminal court, and they had not been convicted of a felony as an adult.  § 58.256(c).  Sealing is discretionary and may not be granted to anyone who:

(1) received a determinate sentence for engaging in (A) delinquent conduct that violated a penal law listed under Section 53.045; or (B) habitual felony conduct as described by Section 51.031;

(2) is currently required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or

(3) was committed to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility under Section 54.04011, unless the person has been discharged from the agency to which the person was committed.

§ 58.256(d).  No fees may be charged for filing an application. § 58.256(a). “If a person’s records have been sealed, the information in the records, the fact that the records once existed, or the person’s denial of the existence of the records or of the person’s involvement in a juvenile matter may not be used against the person in any manner ….” § 58.261(b). “On entry of the order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred.” Tex. Fam. Code § 58.258(c). The Department of Public Safety limits access to the records, which only remain available to the Texas Juvenile Justice Department for the purpose of conducting research and statistical studies; the TJJD seals all record, as does a public or private agency or institution that has custody of or provided supervision to the person subject to the records. § 58.259(c).

IV.  Criminal record in employment & licensing

A.  Employment 

Texas is one of the few states that imposes no restrictions on consideration of criminal record even by public employers. However, it does extend some indirect protections to employees and applicants for employment.

1. Negligent Hiring

Effective September 1, 2013, a new section 142 was added to the Texas Civil Practice and Remedies Code to prohibit a cause of action from being brought against an employer, general contractor, premises owner, or other third party solely for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has been convicted of an offense.  Tex. Civ. Prac. & Rem. Code § 142.002(a).  However, employers can still be held liable for negligent hiring where the employer “knew or should have known” of a conviction that (1) was committed by the applicant while performing “duties substantially similar” to those expected to be encountered in the job for which they are being considered or under substantially similar conditions, “taking into consideration the factors listed in Section 53.022 and 53.023(a)” that govern licensing under the Texas Occupations Code; or (2) is one of various violent crimes and sexual offenses listed in art. 42A.054 or art. 62.001 of the Code of Criminal Procedure. § 142.002(b)(2)(A).  See discussion in Section B below.

2. Regulation of Credit Reporting Agencies

A 2013 statute regulates “business entities engaged in publication of criminal history information.” Tex. Bus. & Com. Code § 109.001 et seq.  Among other things, this law now prohibits publication of records that are not “complete and accurate.” § 109.003(a).   Under this law, a record is considered “complete” if it “reflects the filing and disposition of criminal charges,” and “accurate” if it was obtained “from a law enforcement agency or criminal justice agency, including the Department of Public Safety.”  § 109.003(b).  Additional provisions of this 2013 Texas law require companies to provide dispute information, give affected individuals the right to challenge the accuracy of their own criminal records, prohibit publication of records whose disclosure is prohibited under another state law (e.g., records that have been expunged, or which are subject to an “order of nondisclosure”), require a written response within five days as to the results of the investigation following a challenge, and create a civil remedy for violations of the act. §§ 109.004 – 109.006.

B.  Licensing 

In 2019 Texas enacted five laws affecting the occupational licensing process for people with a criminal record.  In introducing the broadest of the new laws, the legislative summary states that “Concerns have been raised about the barriers to eligibility for an occupational license faced by Texans who have been convicted of an offense within five years of license application, regardless of whether the offense is related to the occupation.”⁷

The most comprehensive of the new laws, HB 1342, allows disqualification only if the offense of conviction “directly relates to the duties and responsibilities of the licensed occupation,” and otherwise makes major modifications to the standards and procedures for obtaining a license in most occupations (but not public health, education, safety, finance). It also created a new “restricted license” aimed at facilitating licensure in air-conditioning and electrical work for people returning to the community from prison.  Certain violent and sexual crimes, and drug felonies are excepted from the requirements of the law.

The second law, SB 1217, is much narrower, and simply prohibits the licensing agencies affected by HB 1342 from considering arrests not resulting in conviction or placement on deferred adjudication community supervision. The third law, SB 1531 modifies standards that apply to certain specific licenses, primarily by deleting overbroad categories of disqualification or antiquated references to moral integrity (podiatrist, midwife, electrician, animal breeder, auctioneer).  SB 1217 became effective June 14, 2019; HB 1342 and HB1531 became effective September 1, 2019.  Section 9 of HB 1342 requires the state auditor, in collaboration with licensing authorities and no later than September 1, 2020, to develop and publish a “guide of best practices” to help applicants with a prior conviction seeking occupational licenses. 

1. Generally

HB 1342 sets forth a two-step process for covered licensing agencies:  First the agency must determine whether a person has been convicted of an offense that “directly relates to the duties and responsibilities of the licensed occupation.”  See Tex. Occ. Code § 53.022. A broad provision permitting consideration of any conviction within five years, even if unrelated, was deleted.  Even after a conviction is determined to be “directly related,” the law now requires consideration of a variety of factors relevant to rehabilitation and likelihood of reoffending that must be considered before a person may be denied based upon their conviction, including evidence of the person’s compliance with any conditions of community supervision. It repealed a requirement that the applicant furnish proof of having maintained a steady record of employment, having supported the applicant’s dependents, and having paid all outstanding court costs, supervision fees, fines, and restitution.  See § 53.023.

A new § 53.0231 sets forth in detail procedures applicable in the event a license is to be denied, including an obligation on the part of the licensing agency to give an applicant a written explanation of the intended denial and 30 days to respond with relevant information as to the factors listed in § 53.023. Upon a final adverse decision, the licensing agencies must notify individuals of the reason, including any statutory factor considered under §§ 53.022 or 53.023 that supported the authority’s decision, and the review procedure. § 53.051.

Persons whose licenses were revoked, generally must wait a one-year period before applying for a new license.  See § 51.355(a).  However, the law allows an application to be filed sooner than one year if the licensing agency based its revocation solely on a “failure to pay an administrative penalty,” and either the person has paid that penalty in full or is on a payment plan and in good standing with the plan.  § 51.355(b).

Obligations of licensing education programs: § 53.152 requires programs that prepare individuals for licensure to inform them of the standards and procedures that apply to applications by persons with a criminal record.

Occupational licensing proceedings are governed by the Administrative Procedure Act. § 53.024.  Licensing agencies are required to issue guidelines stating the reasons a specific crime is considered to relate to a specific license. § 53.025.

2. Restricted occupational licenses

HB 1342 added a new section allowing for a “restricted license,” as an alternative to outright adverse action in two specific fields: air-conditioning and electrical. See §§ 51.357, 51.358.  A licensing authority may impose “reasonable conditions” on a license such as limiting its scope or requiring supervision of the license holder.  See § 51.357(b).  Restricted licenses will be valid for the same term as unrestricted licenses of the same type, and upon expiration, persons may submit a renewal application seeking an unrestricted license.  See § 51.358(a)–(b).  When applicants apply for renewal, there is a rebuttable presumption that they are entitled to an unrestricted license.  § 51.358(c).

Section 51.4041 provides an “alternative means” for evaluating a person’s eligibility for a license in these two fields.  If an occupational license is revoked because of a conviction, the licensing authority—when evaluating eligibility—may accept the person’s education, training, and experience obtained while incarcerated as part of a subsequent license application.  See § 51.4041(a-1).  This provision applies only to persons who previously held an occupational license of the same type for which the person is reapplying.

3. Specific occupational licenses

SB 1531—effective September 1, 2019—revises the standards for licensure in specific occupations, limiting overbroad or antiquated language.  For example, existing law governing podiatry licenses provides that the licensing agency may deny an occupational license if a person is convicted of “a felony” or “offense that involves moral turpitude.”  See Tex. Occ. Code § 202.253(a-1)(2).  The new law will delete this language; persons applying for podiatry licenses will not be denied based on convictions for felonies or offenses involving moral turpitude.  Other occupations similarly affected by the new law include midwives, see § 203.404(a)(3) (deleting eligibility restrictions for persons convicted of a felony or misdemeanor involving moral turpitude); breeders, see § 802.107 (requiring notice to license holder before revocation); electricians, see § 1305.152(a) (deleting eligibility requirement that applicant demonstrate “honesty, trustworthiness, and integrity”); and auctioneers, see § 1802.052 (deleting eligibility restrictions for persons convicted of a felony). 

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1. This 1994 limitation on firearms rights was upheld against ex post facto challenge in Williams v. State, 2000 Tex. App. LEXIS 7488  (2000).
2. This administrative rule also asks for proof that the applicant has sought restoration from the Director of Alcohol, Tobacco, Firearms and Explosives, but this federal relief mechanism has not been funded for more than thirty years so this requirement appears inoperative. See Federal profile Part I.
3. A recent controversial pardon in the form of commutation garnered national news for Governor Abbott’s grant to Daniel Perry, who killed a protester at a Black Lives Matter rally in 2020 and was sentenced to 25 years in prison. See eg. Texas Gov. Greg Abbott Pardons Man Who Killed BLM Protester, The Wall Street Journal (May 16, 2024); Texas governor pardons ex-Army sergeant convicted of killing Black Lives Matter protester, AP News (May 16, 2024).
4. Excluded offenses are those under section 106.041, Alcoholic Beverage Code, Sections 49.04, 49.05, 49.06 or 49.065, Penal Code (alcohol related offenses), or Chapter 71, Penal Code (organized crime offenses).
5. However, per a 2019 law (HB 2582), intoxication offenses under Section 49.04 or 49.06 of the Penal Code are now eligible for deferred adjudication if certain prerequisites are met, subject to specified conditions, and eligible for a petition for an OND under specified criteria.  For details, see Tex. Code Crim. Proc. art. 42A.102(b), art. 42A.408(e-1)-(e-2); Tex. Gov’t Code § 411.0726.
6. Excluded offenses are those under Penal Code chapters 20 (Kidnapping, Unlawful Restraint, and Smuggling of Persons), 21 (Sexual Offenses), 22 (Assaultive Offenses), 25 (Offenses Against the Family), 42 (Disorderly Conduct and Related Offenses), 43 (Public Indecency), 46 (Weapons), or 71 (Organized Crime), and those involving domestic violence.
7. The need for reform in Texas’ occupational licensing laws was explained in a report by the Texas Public Policy Foundation, Working with Conviction: Criminal Offenses as Barriers to Entering Licensed Occupations in Texas (2007):

   While the factors enumerated in Chapter 53 are reasonable to consider for those offenses that truly relate to the occupation, the legislative intent of allowing licensure without a bureaucratic process for unrelated offenses has been undermined.  This is because many agencies view nearly all offenses as directly relating to the occupations they regulate.

   This very thorough report gives numerous examples of overbroad regulations, as well as specific cases in which people were rejected for licensing or relicensing, sometimes under laws enacted many years after their conviction and even after they had held the same license for years without incident.