Texas Gun Conviction Affected
A new law in Texas is providing a lifeline to thousands of residents with past gun convictions, offering them the opportunity to clear their records. The state’s recent shift towards constitutional carry rights has dramatically altered the legal landscape for firearm possession, with significant implications for those previously convicted of carrying a handgun without a permit.
For years, Texas required residents to obtain a permit to legally carry a handgun in public. Without a permit, individuals caught by law enforcement were subject to criminal charges, which could result in fines, probation, or even jail time. However, with the passage of House Bill 1927, also known as the “Permitless Carry Bill,” the state has removed the requirement for permits, allowing Texans over the age of 21 to carry a firearm openly or concealed without a prior felony conviction. This legislative change also provides a new avenue for those previously convicted of unlawful handgun possession to clear their records.
A Path to Expungement
The new law, which took effect on September 1, 2021, has created an opportunity for an estimated 130,000 Texans to seek expungement of their convictions related to unlawfully carrying a firearm. Texas State Representative Matt Schaefer (R), who led the charge on this legislation, emphasized that the bill represents an historic step in protecting the Second Amendment rights of Texans.
“By working together, the House and Senate will send Gov. Greg Abbott the strongest Second Amendment legislation in Texas history,” Schaefer said at the time, “and protect the right of law-abiding Texans to carry a handgun as they exercise their God-given right to self-defense and the defense of their families.”
The Process and Limitations
While the new law offers significant relief, it is important to understand the process and limitations involved in seeking an expungement. According to Assistant District Attorney Brian Rose of the Harris County District Attorney’s Office, his office has seen a significant increase in petitions for expungement since the law took effect.
Rose clarified that the law only applies to convictions under specific sections of the Texas Penal Code, particularly those related to carrying a weapon on or about one’s person. Convictions for carrying a firearm in prohibited areas, such as liquor-licensed premises, are not eligible for expungement.
To begin the expungement process, individuals must file a petition with the district court that has jurisdiction over their case. The court will review the petition, and if the conviction meets the requirements, the expungement will be granted. Once approved, all records related to the arrest, charge, and conviction will be removed from public access, ensuring that the individual’s criminal history remains private.
Broader Impact of the Legislation
The passage of HB 1927 has far-reaching implications beyond just the expansion of gun rights in Texas. It also provides a much-needed remedy for those who have faced significant barriers in employment, housing, and financial opportunities due to a prior conviction for unlawful firearm possession.
As Texas continues to navigate the evolving landscape of gun legislation, this new law marks a pivotal moment in the state’s approach to both Second Amendment rights and criminal justice reform. For those with past convictions, it offers a chance to move forward without the burden of a gun conviction criminal record, potentially opening new doors to opportunities that were previously out of reach.
