Clemency & Pardons

in Texas, Clemency is a power of the governor that reduces or eliminates the punishment of a person convicted of a crime. (Pardons are a type of clemency).

There are several types of clemency available in Texas.

Pardons - forgives someone for a crime they were convicted of. Please see the pardons section of this page for more details.

Commutation of sentence - Shortens or lessens a criminal punishment imposed by a court, either through a reduction of sentence, or the sentence can be commuted to “time served” which means that the individual can be released from prison immediately.

A commutation reduces the punishment, but it does not erase the underlying criminal conviction or criminal record.

Reprieve - A delay or temporary suspension of punishment. Reprieves can be granted for terminally ill inmates (six months or less to live), totally disabled inmates, or inmates who have been denied medically recommended intensive supervision. Inmates may also seek a reprieve to attend civil court proceedings or to attend funerals or visit critically ill relatives.

A Texas pardon is an official act of executive clemency by the governor that forgives a criminal conviction and helps restore certain civil rights.

There are four types of pardons available in Texas:

Posthumous Pardon - A pardon that forgives someone’s criminal convictions after they have died

Conditional Pardon - This is a pardon that is granted if certain conditions are met while on supervised release. A conditional pardon does not restore civil or citizenship rights and can be revoked by the governor if the person does not comply with the conditions of release. A conditional pardon will only be considered after someone is legally eligible for parole.

Pardon for Innocence: this exonerrates the person of the crime and erases the record of conviction when there is evidence of actual innocence or a court has determined that a person is innocent. In order for this type of pardon to be considered, the Texads Board of Pardons and Paroles requires evidence of actual innocence from two trial officials, or the findings of fact and conclusions of law from the district judge indicating actual innocence.

Full Pardon: This completely forgives a person’s crime, releases a person from remaining punishment, restores their civil rights, and qualifies the recipient to request a full expunction of arrest and conviction records from the appropriate state court, which can help clear a criminal history.

In Texas, you qualify to apply for a full pardon after you fully complete your sentence and satisfy specific waiting periods based on your type of conviction.

To qualify for a pardon of innocence, an applicant must have a final state felony or misdemeanor conviction and meet specific evidentiary requirements set by the Texas Board of Pardons and Paroles.

To qualify for a posthumous pardon, the applicant must be deceased, the application must be submitted by a person acting on behalf of the deceased, and the deceased person must have been convicted of a felony or misdemeanor offense in Texas.

Per Texas Code of Criminal Procedure §48.01(b):

The Board of Pardons and Paroles may recommend that the Governor grant a pardon to a person who:

(1) is placed on deferred adjudication community supervision under Texas Code of Criminal Procedure Subchapter C, Chapter 42A - Commuity Supervision, and subsequently receives a discharge and dismissal under Texas Code of Criminal Procedure §42A.111 - Dismissal and Discharge; and

(2) on or after the 10th anniversary of the date of discharge and dismissal, submits a written request to the board for a recommendation under this subsection.

Texas Board of Pardons and Paroles - Clemency Section

8610 Shoal Creek Blvd., Austin, Texas 78757

Ph: (512) 406-5852 (Click To Call)

Email: bpp_clemency@tdcj.texas.gov (Click To Email)

Monday through Friday 8 a.m. – 5 p.m.