How do you reinstate your firearm rights in TX after felony conviction?

Answer 1

To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth valid reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record. FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do your own esearch to learn if this applies to your state), you will still remain subject to whatever restrictions your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). FEDERALLY CONVICTED FELONS - CAUTION: Regardless of what rights your state may restore, if you were convicted in FEDERAL COURT of a FEDERAL FELONY - it is a felony crime for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time FEDERALLY convicted felons have no solution to their firearm disqualification. Congress has effectively eliminated the review of federally convicted felons' petitions for restoration of their firearms privileges, by denying funding for the purpose.

Answer 2

Under Texas law you can possess a firearm after 5 years have passed since the felon completed his punishment.

Under federal law a felon can never possess a firearm that has been " shipped or transported in interstate or foreign commerce".

"The term "interstate or foreign commerce" includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State. The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (not including the Canal Zone)."

So, federal law does not state a felon can not possess any firearm.

Answer 3

For the most part, you keep wishing and pretend like it will happen when it most likely won't. If what you were convicted of was only a felony at the state level, it is possible to apply for relief of disability. If what you were convicted of is identified as a felony under federal law, it's not going to happen, expunged or not.

Added: Expungement only conceals your conviction from the general public. The courts, law enforcement, and government agencies conducting background checks ALWAYS have access to your complete record.

Answer 4

A pardon or expunction.