What Options Are Available If I Lose My Appeal?

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If you lose your appeal or your writ of habeas corpus is denied, there are a couple of options that may be available to you.

Pardons

One option is to apply for a full pardon with the governor’s office. A full pardon will restore any civil rights that you lost through your felony conviction, such as the right to vote or to own firearms. Depending on the circumstances, it may also allow you to expunge your case.

To get a full pardon, you or your lawyer must fill out a lengthy form explaining why you deserve a pardon and providing legal records concerning your case. The form is as comprehensive as a college application.

Unfortunately, your chances are much better at getting into Harvard than of getting a pardon from the governor. Of all the pardon applications received, the Board of Pardons and Paroles only recommends that about 15% of them be granted. And of those, Governor Abbott typically only grants pardons in a handful of cases. In 2017, Governor Abbott pardoned only seven people. Of those seven people, only one was sentenced to jail time, and that was in a misdemeanor case. The newest conviction for which Governor Abbott issued a pardon that year was from 1995.

Suffice it to say, unless your conviction is decades old and involved a probation (preferably for a misdemeanor), the chances of you receiving a pardon are slim to none.

Petitions For Nondisclosure

If you were convicted of a misdemeanor and otherwise have a clean criminal history, you may be able to have your conviction nondisclosed (i.e. sealed) from public view after a waiting period of several years. It won’t be erased entirely, but it’s the next best thing. See my article on nondisclosure here <link> to find out if your misdemeanor conviction is eligible to be sealed.

For more information on Other Options After Losing an Appeal, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 936-4521 today.