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Texas

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment or for a new trial based on legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the District Attorney’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The District Attorney’s Office where the crime was prosecuted represents the state on direct appeal. To receive appeal updates, victims can contact the District Attorney’s Office where the crime was prosecuted.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, resentencing, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The District Attorney’s Office where the crime was prosecuted represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the District Attorney’s Office where the crime was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Texas law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Criminal Appeals division of the Texas Attorney General’s Office represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the District Attorney’s Office where the crime was prosecuted.

Early Release Programs

These programs can include parole, medically recommended intensive supervision, or earning time off a sentence for participating in certain programs in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Texas, including parole, medically recommended intensive supervision, or earning “credits” for participating in certain educational, vocational, agricultural, or treatment programs.
  • Victims can track the status of an incarcerated person through the Texas Department of Criminal Justice’s Information Search. To receive updates on an individual who is in custody or on parole, a victim must register with the Integrated Victim Services System (IVSS). For assistance, victims can contact the Victim Services Division of the Texas Department of Criminal Justice by phone at (800) 848-4284 or (512) 406-5900 or by email at victim.svc@tdcj.texas.gov.

Prosecutorial Review

Prosecutors can reconsider the conviction to be sure it is just.
  • Individuals who were convicted in certain counties in Texas – Bexar, Travis, Tarrant, Harris, and Dallas – and who have claims of actual innocence or manifest injustice may ask the local prosecutors’ offices to review their convictions.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted under Texas law. Clemency usually takes the form of a full or conditional pardon (which forgives a person for their offense), a pardon based on innocence, a commutation (which shortens a person’s sentence), a reprieve (which temporarily delays a person’s sentence), or a remission (which reduces or eliminates court-ordered fines and/or forfeiture).
  • For clemency information, victims can contact the Texas Board of Pardons and Paroles’ Victim Liaison by email at bpp-victim.liaison@tdcj.texas.gov or by phone at (512) 406-5347.

Victims Rights
Post-Conviction

In Texas, victims have the right to:
  • Be treated with fairness and with respect for the victim’s dignity and privacy
  • Communicate with the prosecutor’s office about the case
  • An explanation of the appeals and parole process
  • Notification of relevant court proceedings, including appeals*
  • Presence at oral argument and post-conviction hearings
  • Notification of appeal decisions before the decision becomes public*
  • Information about the sentence, imprisonment, and release of the convicted individual*
  • Give a statement to the Board of Pardons and Paroles in the parole process
  • Request restitution and apply for victims’ compensation
  • Prompt return of property no longer needed as evidence

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Texas Crime Victims’ Compensation (CVC) Program reimburses victims for expenses related to the crime, such as medical treatment, loss of income, and funeral costs.
  • Victims may request assistance with unpaid restitution by contacting the District Attorney’s Office where the crime was prosecuted. Victims can apply for the Texas Crime Victims’ Compensation (CVC) Program through an online application. For assistance, victims can call the CVC by phone at 800-983-9933. Victims must apply within 3 years from the date of the crime with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Texas

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