Set Aside Convictions (Judicial Clemency) with Early Release

Set Aside Your Conviction and Restore Your Rights

Texas Judicial Clemency (Set Asides) & Early Release from Probation

Introduction

If you are currently on straight probation in Texas or have not completed it more than 30 days ago, you may qualify for a powerful legal remedy: a judicial clemency, also called a set aside. This can restore your rights, including gun ownership, and update your record to reflect a dismissal. 

What Is a Judicial Clemency, also termed Set Aside?

A set aside under Texas law allows a judge to remove the conviction from your record after you've successfully completed probation. The result: your record shows a dismissal, and you are released from all penalties and disabilities caused by the conviction. This form of post-conviction relief is fully within the judge's discretion.

Benefits of Judicial Clemency

- Case is marked as dismissed, not convicted
- Gun rights are restored under Texas Law
- You can legally say you no longer have a conviction for this offense
- Background checks will not reflect a conviction
- The set-aside offense cannot be used to enhance punishment in a new case
- Civil rights like voting, being executor on a will, and becoming a notary are restored
- You gain peace of mind knowing the offense is no longer a legal conviction

Note: While record sealing is not currently allowed for set asides, new legislation is expected to revisit this issue.

Eligible Cases for Set Asides:

Judicial clemency is available for most Texas misdemeanors and felonies. 

Ineligible offenses include:
- DWI and intoxication offenses
- Sex offender registration crimes
- Aggravated felonies listed in Texas Code Crim. Proc. Art. 42A.054

When Should You Apply?

You must request judicial clemency while still on probation or within 30 days after completing it. Courts lose jurisdiction after 30 days. For best results, apply before probation ends.

Can I Request Early Release Too?

Yes. We always request early termination of probation along with the set aside. If you've completed 1/3 of probation or 2 years (whichever is less), you may qualify. We do not offer early release filings without a concurrent set aside request.

Prior to requesting early release, you must have completed all conditions of probation and be at the point where you are only reporting.

What Does the Judge Consider?

The Judge will look at a number of factors in making his decision whether or not to grant your request:

• Have you been rehabilitated
• Criminal History
• Remorse and personal  growth
• Employment and education progress
• Contributions to your community
• Support from Family and references
• Your future plans
• Is this in the best interest of Justice and Society

How Long Does It Take?

The judicial clemency process typically takes 4 months, depending on the court and county. 

Attorney Fees and Payment Plans

Flat fee: $2,999 (includes early release request)
- $999 down payment
- $2,000 balance over 4 months
- No filing fees or hidden costs

Our fee includes consultation, legal research, background checks, motion drafting, hearings, and follow-up.

Counties We Serve

We handle judicial clemency and early release matters in:
- Dallas County
- Collin County
- Rockwall County
- Kaufman County
Other Texas counties considered on a case-by-case basis.

Free Consultation – Start Today

Call or text us 24/7 to discuss your eligibility and start your path to a clean record:
- Phone: (972) 722-0887
- Text: (972) 814-7318

You can also reach us through our online contact form.

Full Text of  Texas Judicial Clemency Stature: Article 42A.701

Texas Code of Criminal Procedure - Article 42A.701:

(a) At any time after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the judge may reduce or terminate the period of community supervision.

(b) On completion of one-half of the original community supervision period or two years of community supervision, whichever is more, the judge shall review the defendant's record and consider whether to reduce or terminate the period of community supervision, unless the defendant:

(1) is delinquent in paying required costs, fines, fees, or restitution that the defendant has the ability to pay; or

(2) has not completed court-ordered counseling or treatment.

(c) Before reducing or terminating a period of community supervision or conducting a review under this article, the judge shall notify the attorney representing the state and the defendant or, if the defendant has an attorney, the defendant's attorney.

(d) If the judge determines that the defendant has failed to satisfactorily fulfill the conditions of community supervision, the judge shall advise the defendant in writing of the requirements for satisfactorily fulfilling those conditions.

(e) On the satisfactory fulfillment of the conditions of community supervision and the expiration of the period of community supervision, the judge by order shall:

(1) amend or modify the original sentence imposed, if necessary, to conform to the community supervision period; and

(2) discharge the defendant.

(f) If the judge discharges the defendant under this article, the judge may set aside the verdict or permit the defendant to withdraw the defendant's plea. A judge acting under this subsection shall dismiss the accusation, complaint, information, or indictment against the defendant. A defendant who receives a discharge and dismissal under this subsection is released from all penalties and disabilities resulting from the offense of which the defendant has been convicted or to which the defendant has pleaded guilty, except that:

(1) proof of the conviction or plea of guilty shall be made known to the judge if the defendant is convicted of any subsequent offense; and

(2) if the defendant is an applicant for or the holder of a license under Chapter 42, Human Resources Code, the Department of Family and Protective Services may consider the fact that the defendant previously has received community supervision under this chapter in issuing, renewing, denying, or revoking a license under Chapter 42, Human Resources Code.

(g) This article does not apply to a defendant convicted of:

(1) an offense under Sections 49.04-49.08, Penal Code;

(2) an offense the conviction of which requires registration as a sex offender under Chapter 62; or

(3) a felony described by Article 42A.054.