Opinion No.

The Honorable George W. Bush Governor of Texas P.O. Box 12428 Austin, Texas 78711

Re: Whether a pardonable conviction exists after the completion of "regular" or "shock" community supervision under Code of Criminal Procedure article 42.12, section 20 (RQ-860)

Dear Governor Bush:

You ask us two questions about section 20 of article 42.12 of the Code of Criminal Procedure. Subsection (a) of section 20 grants the judge "the discretionary power to set aside [the defendant's] conviction and restore his civil rights." Shepherd v. Trevino,575 F.2d 1110, 1115 (5th Cir. 1978) (reviewing constitutionality…