Speak Up! - View Question #643

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Question: How would a person go about restoring his rights, specifically right to a civil service job and right to vote, after being a convicted felon, then staying clean for over ten years? What is the name of the pertinent law that dictates this process?

Answer:

A person who has only been convicted of one felony offense in his lifetime automatically has his civil rights restored if he completes the term of probation or receives an absolute discharge from probation and pays any fine or restitution imposed. (A.R.S. § 13-912(A)). This automatic restoration of rights does not include the right to possess weapons. A person must apply for that right.

Arizona Law (A.R.S. §§ 13-905 - 906) allow a person convicted of two or more felonies to apply to the judge who sentenced him to restore his civil rights after he is discharged from probation or absolutely discharged from prison.

However, a person convicted of a dangerous offense (one involving the use or a deadly weapon or dangerous instrument or one that resulted in the serious physical injury of the victim) may not file for the restoration of his right to possess or carry a firearm. A person convicted of a serious offense (e.g. murder, sexual assault, arson, armed robbery, kidnapping, etc.)may not apply for restoration of a right to carry a firearm for 10 years after his discharge from prison or probation. A person convicted of any other offense must wait at least two years to apply to restore his right to possess a firearm (A.R.S. § 13-905(C)).

If a person meets these qualifications, then he must file an application to restore civil rights with the Superior Court in which he was sentenced. He must attach to the application a copy of his absolute discharge from prison or successful discharge from probation.

Once the application is filed, a copy is sent to the prosecutor to give him time to respond to the request. The judge then rules on the request. By law, the judge does not have to grant the request. (A.R.S. §§ 13-908 and 911). If the application is granted, the petitioner receives a signed copy of the Order Vacating Judgment of Guilt, Dismissing Charges and Restoring Civil Rights.

To download a copy of the Application to Restore Civil Rights and instructions on how to apply, go to the Maricopa County Superior Court Website and click on 'Requesting the Restoration of Civil Rights.


Comments
6 thru 6 of 6 comments
On 11/13/03
Dorian from MD said:
Gads, I never knew the rights could be restored! I always thought once convicted you lost the right to vote, etc., forever. Learn something new everyday!! (Restoration is still not enough incentive to comit a felony tho'.)
6 thru 6 of 6 comments



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