Texas Code of Criminal Procedure - Article 48.05. Restoration Of Civil Rights

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Art. 48.05. RESTORATION OF CIVIL RIGHTS.  (a)(1) An 
individual convicted of an offense described by Subdivision (2) of 
this subsection may, except as provided by Subsection (b) of this 
article, submit an application for restoration of any civil rights 
forfeited under the laws of this state as a result of the 
conviction.
	(2)  This article applies to:                                                  
	(A)  a federal offense, other than an offense involving:                       
	(i)  violence or the threat of violence;                                       
	(ii)  drugs;  or                                                               
	(iii)  firearms;  and                                                          
	(B)  an offense under the laws of another country, other than 
an offense involving:
	(i)  violence or the threat of violence;                                       
	(ii)  drugs;  or                                                               
	(iii)  firearms, if the elements of the offense are 
substantially similar to elements of an offense under the laws of 
this state punishable as a felony.
	(b)  An individual may not apply for restoration of civil 
rights under this article unless:
	(1)  the individual has completed the sentence for the 
offense;              
	(2)  the conviction occurred:                                                  
	(A)  three or more years before the date of application, if 
the offense is a federal offense;  or
	(B)  two or more years before the date of application, if the 
offense is an offense under the laws of another country;  and
	(3)  the individual has not been convicted at any other time 
of an offense under the laws of this state, another state, or the 
United States.
	(c)  An application for restoration of civil rights must 
contain:            
	(1)  a completed application on a form adopted by the Board 
of Pardons and Paroles;
	(2)  three or more affidavits attesting to the good character 
of the applicant;  and
	(3)  proof that the applicant has completed the sentence for 
the offense.    
	(d)  The applicant must submit the application to:                             
	(1)  the sheriff of the county in which the applicant resides 
at the time of application or resided at the time of conviction of 
the offense, if the individual resided in this state at that time;  
or
	(2)  the Board of Pardons and Paroles.                                         
	(e)  If an application is submitted to a sheriff, the sheriff 
shall review the application and recommend to the Board of Pardons 
and Paroles whether the individual's civil rights should be 
restored.  If the sheriff recommends restoration of the 
individual's civil rights, the board may either:
	(1)  concur in the recommendation and forward the 
recommendation to the governor;  or
	(2)  independently review the application to determine 
whether to recommend to the governor the restoration of the 
individual's civil rights.
	(f)  If the sheriff does not recommend the restoration of the 
individual's civil rights, the individual may apply directly to the 
Board of Pardons and Paroles.
	(g)  If an application is submitted to the Board of Pardons 
and Paroles without first being submitted to a sheriff, the board 
shall review the application and recommend to the governor as to 
whether the individual's civil rights should be restored.
	(h)  The Board of Pardons and Paroles may require or obtain 
additional information as necessary to perform a review under 
Subsection (e)(2) or Subsection (g) of this article.
	(i)  On receipt from the Board of Pardons and Paroles of a 
recommendation to restore the civil rights of an individual, the 
governor may either grant or deny the restoration of civil rights to 
the individual.  If the governor grants the restoration of civil 
rights to the individual, the governor shall issue a certificate of 
restoration of civil rights.
	(j)  If an application under this article is denied by the 
Board of Pardons and Paroles or the governor, the individual may not 
file another application under this article before the first 
anniversary of the date of the denial.
	(k)  A restoration of civil rights under this article 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.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 7.01(a), eff. Sept. 1, 
1993.  Subsecs. (a) to (d), (k) amended by Acts 2001, 77th Leg., ch. 
150, Sec. 1, eff. May 16, 2001.

Last modified: August 10, 2007