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Setting Aside Convictions with Judicial Clemency

For people currently on Probation with a Felony Conviction a relatively new Texas law may provide some relief via Judicial Clemency, including for some felony marijuana convictions. Judicial Clemency is the term used to describe the power of a judge to set aside a conviction under the Texas Code of Criminal Procedure. Judicial Clemency is available to some people who have been placed on probation (technically called community supervision) and is separate from the clemency power of the governor.

Certain offenses are ineligible for Judicial Clemency, including DWI offenses, sex offender registration offenses and 42A.054 (formerly known as “3g felonies.”) If you successfully have your conviction set aside through Judicial Clemency, your conviction will be set aside and the case dismissed. The law says that you are then released from all penalties and disabilities resulting from the offense or crime (with certain exceptions).

Judicial Clemency is a form of post-conviction relief that does not remove anything from your criminal record, but instead changes the disposition of the case to dismissed and grants you some specific civil rights. It is important to note that you are not eligible for judicial clemency if you served a jail or prison sentence. If you are able to set your conviction aside through this process, it may be easier for you to pass background checks, find a job and you will be able to say that you do not have a conviction on your record. Remember, just because you are eligible does not necessarily mean that you will receive Judicial Clemency.

You should hire a Judicial Clemency attorney who can make sure you have the best chance of success. You can get a conviction removed from your record through Judicial Clemency only if the offense was an eligible offense, you have successfully completed probation; or enough time on probation to qualify for early termination, and you have completed all your requirements of probation. Additionally, if more than 30 days has passed since being released from probation some counties follow a rule that says you are ineligible.

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