Restoration of Rights After a Criminal Conviction
Anyone convicted of a felony in Arizona will lose their civil rights as a consequence of the offense. These losses include:
- The right to vote.
- The right to own a gun.
- The right to serve on a jury.
- The right to hold public office of trust or profit.
These civil liberties can be restored, but the restoration process and rules depend on the type of conviction.
Restoration of Rights for First-Time Felony Offenders
A first time felony offender, per A.R.S. 13-907, will have their civil rights automatically restored upon completion of probation or discharge from imprisonment as long as they have paid all their required restitution.
This also holds true for anyone convicted outside the state of Arizona, as long as they have not been convicted of a previous felony within Arizona.
However, the right to possess a firearm will not be automatically restored if the individual was convicted of a serious or dangerous offense. Per A.R.S. 13-910, serious offenders will be eligible to file through the court for the restoration of their gun rights after ten years from the date of their absolute discharge from prison. Dangerous offenders, however, lose their right to possess a firearm permanently.
Restoration of Rights for Offenders with More than One Felony Conviction
Offenders who already have at least one felony conviction on their record must apply to the superior court where they were convicted to have their civil rights restored, per A.R.S. 13-908. To file an application, the offender must:
- Have completed probation.
- Received absolute discharge from the department of corrections.
Although helpful to the application, it is not required that restitution be fully paid in order to apply.
This application does not apply to the restoration of the right to possess a firearm. Per A.R.S. 13-910, those convicted of serious offenses will be eligible to file through the court for the restoration of their gun rights after ten years from the date of their absolute discharge from prison. Dangerous offenders, however, lose their right to possess a firearm permanently.
Restoration of Rights Applications
Applicants required to file for their restorations of rights must do so in the superior court in which they were convicted. A few applications are listed below:
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.