A felony conviction in Texas reaches well past the sentence itself. The list of what felons cannot do in Texas covers firearms, voting while serving a sentence, jury duty, running for office, many licensed jobs, driving after certain drug offenses, some housing and public benefits, international travel in narrow circumstances, and — for non-citizens — the ability to stay in the country. Some of these end when the sentence is complete. Others last until a pardon.
Own or Carry a Firearm
Texas law makes it a crime for anyone with a felony conviction to possess a firearm during the first five years after release from confinement, community supervision, parole, or mandatory supervision, whichever ends latest. After that window, state law allows possession at your own home only. Keeping a gun in your car, carrying one in public, or having one anywhere other than your residence stays illegal indefinitely.1State of Texas. Texas Penal Code Section 46.04 – Unlawful Possession of Firearm A violation is itself a third-degree felony, punishable by two to ten years.
The home exception is a Texas rule, not a federal one. Under the federal Gun Control Act, anyone convicted of a crime punishable by more than one year in prison is permanently barred from possessing any firearm or ammunition, with no waiting period and no home exception.2Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons Federal penalties reach up to 15 years, and defendants with three or more qualifying prior violent felony or serious drug convictions face a 15-year mandatory minimum.3Office of the Law Revision Counsel. 18 USC 924 – Penalties Following Texas law by keeping a gun at home after the five-year mark can still expose you to federal prosecution. This is the trap people walk into most often.
Vote, Serve on a Jury, or Hold Office
Voting rights are suspended for the full duration of the sentence, including incarceration, parole, community supervision, and probation. Once the sentence is fully discharged, eligibility is restored automatically. No application or court order is required; you just re-register in your county.4State of Texas. Texas Election Code Section 11.002 – Qualified Voter Deferred adjudication is different: it is not a final conviction, so it does not cost you your vote in the first place.
Jury service is stricter. Texas disqualifies anyone with a felony conviction from serving as a juror, and finishing the sentence does not lift that bar.5State of Texas. Texas Government Code Section 62.102 – General Qualifications for Jury Service Only a full pardon restores it.6Texas Board of Pardons and Paroles. Clemency Process
Public office follows the same logic. Under the Texas Election Code, a person with a final felony conviction cannot run for or hold public office unless pardoned or otherwise released from the disability. Completing the sentence, by itself, does not restore eligibility.7Office of the Attorney General of Texas. Attorney General Opinion KP-0251
Work in Certain Jobs and Licensed Professions
Texas has no statewide “ban the box” law for private employers. Companies can ask about felonies on applications, run background checks, and weigh criminal history in hiring. Some employers consider whether the offense relates to the job, but the law generally does not require it in the private sector.8Texas State Law Library. Restrictions After a Criminal Conviction – Employment
Licensed professions are governed by Texas Occupations Code Chapter 53. Before you invest in schooling for a licensed field, you can request a criminal history evaluation letter from the licensing authority to find out whether your conviction will disqualify you.9State of Texas. Texas Occupations Code Section 53.102 – Request for Criminal History Evaluation Letter Agencies such as the Texas Department of Licensing and Regulation weigh several factors:
- The nature and seriousness of the offense, and how closely it relates to the duties of the license
- How much time has passed since the offense
- Evidence of rehabilitation, including work history, compliance with supervision, and letters of recommendationli>
- Whether holding the license would create opportunities to reoffend
Convictions for fraud or violence carry the most weight in healthcare, law, education, and real estate.10Texas Department of Licensing and Regulation. Criminal History Evaluation at a Glance
Federal certifications add their own screens. A TSA Hazardous Materials Endorsement on a commercial driver’s license can be denied for certain felonies. Terrorism, espionage, and explosives convictions are permanent bars. Violent crimes, weapons offenses, and fraud disqualify an applicant if the conviction occurred within the past seven years or the person was released from prison within the past five.
Drive After a Drug Felony
A drug-related felony conviction triggers an automatic 90-day suspension of your Texas driver’s license. This covers any felony drug offense, any offense under the Texas Controlled Substances Act, and any felony under the Health and Safety Code’s controlled substances chapter. If you had no license at the time of conviction, the Department of Public Safety will deny an application for the same 90-day window.11State of Texas. Texas Transportation Code Section 521.372 – Suspension or License Denial The suspension is automatic upon final conviction and does not require a separate hearing.
Rent or Qualify for Housing
Public Housing Authorities have wide discretion to deny applicants with criminal records. Federal regulations set two absolute bars: a conviction for manufacturing methamphetamine in federally assisted housing, and any lifetime sex offender registration requirement, permanently disqualifies an applicant.12HUD Exchange. Are Applicants With Felonies Banned From Public Housing or Any Other Housing Funded by HUD? Beyond those, each housing authority sets its own rules. An arrest alone is not enough to deny an applicant, though the underlying conduct can be considered.
Private landlords face fewer limits. Criminal history is not a protected class under the Fair Housing Act, so private landlords can run background checks and refuse to rent based on a felony. The main constraint is that criminal history cannot be used as a pretext to discriminate against a protected class.
Receive Government Benefits
Federal law suspends Social Security disability, survivor, and retirement benefits for anyone confined in jail or prison for more than 30 continuous days after a felony conviction. Supplemental Security Income (SSI) is unavailable throughout any month you live in a public institution, and if that confinement lasts 12 consecutive months or longer, SSI eligibility terminates and you must file a new application after release. Payments do not restart on their own; you have to contact the Social Security Administration with release documents.
Medicare is not permanently lost, but timing matters. People released from custody get a Special Enrollment Period beginning on the release date and lasting 12 months, allowing sign-up for Part A and Part B without a late enrollment penalty.13Medicare.gov. Signing Up for Medicare After Jail or Incarceration Missing that window means waiting for the General Enrollment Period from January through March, with a possible permanent late enrollment penalty.
Texas allows SNAP food benefits for people with drug felony convictions in some circumstances, including being on or having completed community supervision, or having completed a drug treatment program. Without meeting one of those conditions, a drug felony can make you ineligible.
Federal student aid used to penalize drug convictions. Under current rules, drug convictions do not affect federal student aid eligibility.14Federal Student Aid. Eligibility for Students With Criminal Convictions
Get a Passport or Travel Abroad
Federal law authorizes passport denial or revocation for anyone convicted of a state or federal drug trafficking felony, but only if the person used a passport or crossed an international border while committing the offense. The restriction applies during incarceration and any period of parole or supervised release. The Secretary of State can grant exceptions for emergencies or humanitarian reasons.15Office of the Law Revision Counsel. 22 USC 2714 – Denial of Passports to Certain Convicted Drug Traffickers
A valid U.S. passport still does not guarantee entry to other countries. Canada is the most common problem: Canadian officials can deny entry based on a U.S. felony where the equivalent Canadian offense carries a sentence of 10 years or more. Options include being deemed rehabilitated after 10 years for less serious offenses, applying for individual rehabilitation five years after completing the sentence, or requesting a temporary resident permit.
Stay in the U.S. as a Non-Citizen
For non-citizens, felony consequences can outweigh the sentence itself. Under the Immigration and Nationality Act, a conviction for an “aggravated felony” is a permanent bar to establishing the good moral character required for U.S. citizenship. This applies to convictions on or after November 29, 1990.16U.S. Citizenship and Immigration Services. Permanent Bars to Good Moral Character
The federal definition of “aggravated felony” is broader than the name suggests. It includes murder, rape, drug trafficking, firearms trafficking, money laundering over $10,000, fraud with losses over $10,000, tax evasion over $10,000, and crimes of violence or theft where the court imposed a sentence of at least one year, even if that sentence was suspended.17Legal Information Institute. 8 USC 1101(a)(43) – Aggravated Felony An aggravated felony can also trigger mandatory removal proceedings.
Foster, Adopt, or Change Your Name
A felony record can block fostering or adopting in Texas. The state runs background checks on prospective parents, other household members, and frequent visitors. Some offenses create an absolute bar to being present in a home where children are placed, with no risk evaluation available: offenses against children, violent crimes, domestic abuse, trafficking, and sex offenses all fall into that category.18Texas Health and Human Services. Foster or Adoptive Placements – Criminal History Requirements For other felonies, a person currently on parole must have an approved risk evaluation before being present while children are in care.
Legal name changes carry a waiting period. A person with a final felony conviction cannot use the standard adult name change process. Texas Family Code Section 45.103 requires waiting at least two years after completing all terms of the sentence, including probation and parole.19Texas State Law Library. Adults – Name Changes in Texas
Life insurance is a practical obstacle rather than a legal one. Most insurers will not issue traditional policies to anyone currently incarcerated or on supervised release. After release, many require 10 or more years to have passed since the conviction, and violent offenses such as murder or sexual assault can mean permanent ineligibility for standard coverage. Guaranteed-issue policies with smaller death benefits and higher premiums are sometimes available instead.
Sealing the Record and Getting Rights Back
Expunction, which permanently erases an arrest, is never available for a conviction in Texas. Nondisclosure is the more realistic path. It does not erase the record, but it seals it from most private employers and landlords. Law enforcement, licensing agencies, and certain government entities can still see sealed records. For felonies resolved through deferred adjudication, you can petition for nondisclosure after a five-year waiting period.
Some records can never be sealed. You are permanently ineligible for any order of nondisclosure if you have been convicted of or placed on deferred adjudication for:
- Any offense requiring sex offender registration
- Murder or capital murder
- Aggravated kidnapping
- Trafficking of persons
- Injury to a child, elderly individual, or disabled person
- Stalking
- Any offense involving family violence
Any of these on your record blocks nondisclosure for every offense on your record, not just that one.20Texas Courts. An Overview of Orders of Nondisclosure Any new conviction (other than a traffic fine) after the original offense or during the waiting period also disqualifies you.
A full pardon from the governor is the most complete relief. It restores the right to serve on a jury, hold public office, and serve as an executor, and it makes the underlying arrest records eligible for expunction. The application goes to the Texas Board of Pardons and Paroles, which reviews the case and makes a recommendation; the governor has final authority.6Texas Board of Pardons and Paroles. Clemency Process Pardons are rare and the process is slow, but for the permanent bars on jury service and public office, it is the only remedy.