Restore Civil Rights After Felony Conviction
Arizona Civil Rights Restoration FAQs
What is Arizona Civil Rights Restoration?
A person convicted of a felony in Arizona has their civil rights suspended pursuant to A.R.S. § 13-904(A). Those rights are:
- The Right to Vote,
- Hold Public Office,
- Sit On a Jury, and
- Gun Rights – Possess and Purchase Guns or a Firearm. Possess ammunition.
How to Restore Civil Rights – Voting Rights and Gun Rights in Arizona?
Civil rights restoration refers to the process of submitting an application on motion to the court for the restoration of civil rights, or to automatic restoration of rights. Whether the court grants a motion to restore a person’s civil rights is entirely discretionary and based on the specific facts and circumstances of the case.
Enlisting the help of an Arizona criminal defense attorney experienced in post-conviction relief at Civil Rights Restored Criminal & DUI Lawyer is a good idea here.
A judicial set aside is an alternative to those that qualify. A felony set aside or misdemeanor set aside under A.R.S. § 13-905(A), if granted, relieves a person from the penalties and disabilities associated with the conviction. This form of relief not only restores a person’s civil rights, including gun rights in most cases, but it also sets the judgment of guilt aside.
See our Set Aside page for further details or call us and speak with an Arizona criminal lawyer to check your eligibility.
What is the Effect of Restoring My Civil Rights?
What Happens if the Court Approves a Petition to Restore Civil Rights?
If the court approves the motion for civil rights restoration and gun/firearms rights restoration, the court will notify the Arizona Department of Public Safety (DPS). The person’s criminal history will be updated by DPS with an annotation that their civil rights and their gun rights have been restored.
In order to be eligible to vote, a person would have to submit a new voter registration following restoration of their rights.
Automatic Restoration of Civil Rights – First Offense in Arizona
Many people do not know that there is automatic restoration of civil rights for first-time felony offenders after the person has completed all of the terms of their sentence. A.R.S. § 13-907(A).
NOTE: Automatic restoration does NOT pertain to your gun rights: the right to bear arms, Second Amendment Rights, the right to possess or purchase a gun or firearm. There is no automatic process to get firearms rights restored, but there is a separate process discussed below.
Who is Eligible for Automatic Restoration of Civil Rights?
First-time offenders who have completed their imposed sentence, have received their final discharge from probation or prison, and have paid all fines, fees, and victim restitution will automatically have their civil rights restored. There is no requirement to submit a motion to the court since this is an automatic process.
People who have more than one felony conviction would need to submit a motion to the court to restore civil rights.
Contact Civil Rights Restored Criminal & DUI Lawyer to speak with an experienced criminal defense attorney for details.
How to Restore Civil Rights and Firearm Rights in Arizona for Repeat Offenders?
What Do I Need to Apply to Restore Civil Rights in Arizona?
A person who has completed their imposed sentence, has received their discharge from either probation or prison, and has paid all fines, fees, and restitution may submit an application to the Superior Court in which they were convicted for the restoration of their civil rights and/or for restoration of their right to possess a firearm. A.R.S. §§ 13-908(A); 13-910(A).
Supporting documents to put together in preparation for filing the motion include:
- Copy of the Certificate of Absolute Discharge from Imprisonment from the Department of Corrections, which you can request HERE if you do not have it.
- – OR –
- Copy of the Discharge from Probation from your probation officer.
How to Restore Firearms Rights in Arizona for First Offense and Repeat Offenses?
A person may file a petition to the court to restore their gun rights pursuant to A.R.S. § 13-910(A). There are a few guidelines below:
There must have been at minimum two (2) years from the date a person was discharged from probation or prison for most felonies before a court will consider a petition to restore gun rights.
If you were convicted of a “serious offense” as defined by A.R.S. § 13-706 (generally, common law felonies, certain crimes against children, and sexual offenses), it must have been at least ten (10) years from the date the person is discharged from probation or prison.
A person is NOT eligible to restore their right to possess a gun if they were convicted of a “dangerous offense” as defined by A.R.S. § 13-704. Generally, a dangerous offense involves the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument; or the intentional or knowing infliction of serious physical injury on another person.
Call Civil Rights Restored Criminal & DUI Lawyer today for a free consultation with a criminal defense attorney.
How to Restore Civil Rights Lost From a Federal Conviction?
A person convicted of a first-time federal offense in a United States District Court, and has been discharged from probation or from imprisonment, may have had their civil rights automatically restored, if eligible.
A person with more than one federal offense or whose rights were not automatically reinstated may petition the court in the county where they live for the restoration of their civil rights. A.R.S. §§ 13-908(C),(E). This applies only if the federal offense occurred in Arizona. If the federal offense occurred outside the jurisdiction of Arizona, a person must file in the state where the person was convicted.
There is no statutory avenue to restore gun rights / firearms rights lost as result of a federal conviction. The only way to restore firearms rights lost as result of a federal conviction is through a Presidential Pardon.
Contact Civil Rights Restored criminal & DUI Lawyer to speak with an experienced criminal defense attorney regarding your eligibility.
How to Restore My Rights From an Out of State Conviction?
The state courts in Arizona may only process petitions to restore civil rights for convictions arising from the state laws of Arizona or for petitions for federal convictions.
If you have a conviction arising outside the borders of Arizona, you must file your petition in that state. You may visit the state bar website for your state if you need assistance from a criminal defense attorney and conduct an attorney search there.
What Happens if My Petition is Denied?
The court will issue a response in writing with its reasons for the denial. If your motion is denied, our criminal defense attorney at Civil Rights Restored Criminal & DUI Lawyer can submit a motion for reconsideration in a few months.
How Long Will It Take to Restore My Civil Rights?
It depends on the court, however it generally takes anywhere from 60 – 120 days or longer to receive a response on a petition to restore civil rights. The sooner you get the process started, the sooner you will see results.
Call Civil Rights Restored Criminal & DUI Lawyer today to speak with a criminal defense attorney today to get started.
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