Texas » Restore Texas Gun Rights
Setting aside of a conviction in Texas restores the right to bear arms except in certain domestic violence cases. If you were convicted in Texas and successfully completed probation, you are eligible to have your conviction set aside and have your gun rights restored. Setting aside your Texas conviction will automatically restore your gun rights, except in certain domestic violence cases.
RecordGone.com provides a free online eligibility test where you can easily check if you qualify for this service.
Restore Texas Gun Rights Requirements
The odds of success vary greatly because the judge has discretion on whether or not to set aside your conviction. If this is your only conviction, you completed successfully completed probation, you are eligible. The factors the court can or will consider are :
- your need to get this done
- how long it has been since you completed probation
- how this will help you support a family, yourself or contribute to society
- how this will help you improve yourself
- what else is on your criminal record
- what positive things you have done since the conviction
- your level of remorse for the offense
- anything else that would show that it is in the interest of justice.
All of those factors do not need to weigh in your factor, but the more that do, the greater the chance of success.
Restore Texas Gun Rights Benefits
- The finding of guilt is take removed and the case is dismissed
- Restores the right to own a firearm
- By law, you are “released of all penalties and disabilities” of the offense
- You can truthfully say you were not convicted
- Background checks will not show the conviction (though records of the arrest and the dismissed court case may be visible on background checks in limited situations).
Restore Texas Gun Rights Law
§ 46.04. UNLAWFUL POSSESSION OF FIREARM.
(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
(1) after conviction and before the fifth anniversary
of the person’s release from confinement following conviction of
the felony or the person’s release from supervision under community
supervision, parole, or mandatory supervision, whichever date is later; or
(2) after the period described by Subdivision (1), at
any location other than the premises at which the person lives.
(b) A person who has been convicted of an offense under
Section 22.01, punishable as a Class A misdemeanor and involving a
member of the person’s family or household, commits an offense if
the person possesses a firearm before the fifth anniversary of the
later of:
(1) the date of the person’s release from confinement
following conviction of the misdemeanor; or
(2) the date of the person’s release from community
supervision following conviction of the misdemeanor.
(c) A person, other than a peace officer, as defined by
Section 1.07, actively engaged in employment as a sworn, full-time
paid employee of a state agency or political subdivision, who is
subject to an order issued under Section 6.504 or Chapter 85, Family
Code, under Article 17.292 or Chapter 7A, Code of Criminal
Procedure, or by another jurisdiction as provided by Chapter 88,
Family Code, commits an offense if the person possesses a firearm
after receiving notice of the order and before expiration of the
order.
(d) In this section, “family,” “household,” and “member of a
household” have the meanings assigned by Chapter 71, Family Code.
(e) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (b) or (c) is a Class A
misdemeanor.
Whats on your record?
The first step to removing your criminal record is to find out what, if anything, is showing up on your criminal background. If you are unsure of what exactly is holding you back from jobs or any of lives other opportunities we highly recommend visiting our partner, BackgroundChecks.com, where you can get a full national criminal history background check for a super low price.
