[DRAFT] Options Available for a Texas Inmate Considering Parole

By Aaron Spolin, Princeton University B.A., U.C. Berkeley J.D.

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This article explains the options available for a Texas inmate who is considering parole and similar outcomes.

  1. Motion for Expunction
  2. Discretionary Parole Advocacy
  3. “Schedule A” — Parole Considerations

Motion for Expunction

Experienced appellate attorney

Experienced appellate attorneys describe the types of options for Texas inmates.

Post-Conviction Option: Motion for Expunction
Applicability: No

A person who has been arrested for commission of either a felony offense or a misdemeanor offense is, with few exceptions, entitled to have all records and files relating to the arrest expunged if the person is tried for the offense for which the person was arrested and is acquitted by the trial court. Expunction is also available if the person has been released and the charge, if any, has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Tex. Code Crim. Pro. Chapter 42A for the offense, unless the offense is a Class C misdemeanor.

Mr. Smith was convicted. This relief is not available.

  1. Motion for Expunction
  2. Discretionary Parole Advocacy
  3. “Schedule A” – Parole Considerations

Discretionary Parole Advocacy

Post-Conviction Option: Discretionary Parole
Applicability: Not Yet

The Board of Pardons and Parole is authorized to grant early release from a prison sentence for most inmates after one-quarter of the sentence imposed has been served less good conduct time earned. Similarly, most inmates are subject to mandatory supervision release by calculating the inmate’s total sentence minus accrued good time. Good conduct time or “good time” is awarded to eligible inmates for observing prison rules and is increased for those who are given the status of prison “trusty” and those who participate in vocational, educational or employment programs. Those who are not eligible to have their parole eligibility date moved forward by way of an award of good time must serve actual “calendar” or “flat time” until parole eligibility. An inmate’s eligibility for parole does not guarantee that the inmate will be granted parole. For inmates convicted of certain crimes, the inmate’s parole eligibility date and mandatory supervision release date may be different (see Schedule “A”).

The Board of Parole will consider the following in determining whether an inmate should be paroled:

  • The prisoner’s prior criminal record.
  • The prisoner’s personality, particularly any aspects that would promote or hinder his or her ability to obey the law.
  • The adequacy of the prisoner’s proposed release plan.
  • The prisoner’s attitude toward the future and ability to earn a living outside of prison.
  • The prisoner’s family status and whether there are family members and others in the community with whom the prisoner will be able to form constructive associations.
  • The type of residence and community in which the prisoner intends to live.
  • The prisoner’s history, if any, of excessive use of alcohol or narcotics.
  • The prisoner’s mental and physical condition.
  • The prisoner’s conduct record in prison.
  • Any other factors that the Board may consider relevant to a particular case.

In Texas, an inmate is not entitled to a formal parole hearing, nor is the Board of Pardons and Parole (the “Board”) required to interview any witnesses the inmate may want to present. Moreover, an inmate is not entitled to have counsel present if he or she is interviewed by the Board. While inmates are frequently interviewed, this is not always the case.

Nevertheless, an attorney can serve an important role in helping an inmate obtain parole by helping the inmate formulate a release plan, as well as by facilitating the submission of statements from family, friends, prison staff and other inmates, recommending parole. Additionally an attorney may prepare and submit to the Board a summary of the prisoner’s case that describes the extent to which the prisoner has been rehabilitated, emphasizes mitigating circumstances surrounding the crime, and provide an opinion regarding the prisoner’s prospects for successfully completing parole.

According to the Texas Department of Criminal Justice, Mr. Smith will be eligible for parole on February 1, 2022. If Mr. Smith is not granted parole, his projected release date is February 1, 2032.

  1. Motion for Expunction
  2. Discretionary Parole Advocacy
  3. “Schedule A” – Parole Considerations

Schedule “A”

Eligibility for Parole and Mandatory Release (Restricted Categories)

Offense of Conviction Parole Eligibility Mandatory Supervision Release
Capital Murder and Continuous Sexual Abuse of Child Not eligible Not eligible
Life sentence for enhanced sex offenses in 12.42(c)(2) Texas Penal Code 35 years actual time Not eligible
Any felony with an affirmative finding of use or exhibition of a deadly weapon When actual time served without good time equals 50% of sentence or 30 years, whichever is less Not eligible
Aggravated Robbery When actual time served without good time equals 50% of sentence or 30 years, whichever is less Not eligible
Aggravated Kidnapping When actual time served without good time equals 50% of sentence or 30 years, whichever is less Not eligible
Aggravated Sexual Assault When actual time served without good time equals 50% of sentence or 30 years, whichever is less Not eligible
Indecency with A Child When actual time served without good time equals 50% of sentence or 30 years, whichever is less Not eligible
Sexual Performance by Child When actual time served without good time equals 50% of sentence or 30 years, whichever is less Not eligible
Sexual Assault When actual time served without good time equals 50% of sentence or 30 years, whichever is less Not eligible
Causing serious bodily injury to child When actual time served without good time equals 50% of sentence or 30 years, whichever is less Not eligible
1st degree arson Lesser of ¼ of sentence or 15 years including both actual time served and good time Not eligible
1st degree burglary Lesser of ¼ of sentence or 15 years including both actual time served and good time Not eligible
2nd degree robbery Lesser of ¼ of sentence or 15 years including both actual time served and good time Not eligible
2nd degree sexual assault Lesser of ¼ of sentence or 15 years including both actual time served and good time Not eligible
1st and 2nd degree aggravated assault Lesser of ¼ of sentence or 15 years including both actual time served and good time Not eligible
1st degree felony injury to child or elderly person Lesser of ¼ of sentence or 15 years including both actual time served and good time Not eligible
Felony in Drug-free zone When actual time served without good time equals five years or sentence, whichever is less Not eligible
Jail felonies & Misdemeanors Not eligible Not eligible

For more information about finding qualified legal representation, visit SPCRC's Recommended Texas Lawyers page.

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