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    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
    1 thru 5 of 6 comments    [ 1 ]  2    
    On 06/04/04
    Robyn from IL said:
    I was at the wrong place at the wrong time, when I was 18, was convicted of a felony drug charge. I happened to be staying with someone who was dealing marijuana, and I did not know it. Well, I could not afford a lawyer, so I took the plea bargain, ended up with a class 2 felony, with 30 months probation. I was court ordered to receive my High school diploma, hold down a job, and completed 9 months of voluntary drug rehab. I am now going on 22 years old, have a high school education, no drugs, but still at a dead end, I can not find a good job, or get the help to go back to school.
    On 03/10/04
    william from FL said:
    i was convicted of a felony in 1984 and want to get into law enforcement or something similar is there anyway i had my rights restored in 2002 in the state where i was convicted tenn.
    On 02/24/04
    chuck from OH said:
    When applying for a job, how do I know what types of companies will run a background check(I have 3 theft felonies at an early age-they were all 20 or so years ago, non-violent or drugs. Because I don't want to lie on application, but want to get hired?
    On 01/14/04
    Arturo from FL said:
    Florida is taking steps to restor rights to vote for convicted felons.This is greate but will it help them get jobs? I dont think so.
    On 12/11/03
    cephus choice from FL said:
    To whom it may concern, I was incarcerated in 98, and got out in 2001. i have not been in any trouble since. I need my civil rights restored in order to obtain a cna lisence. I was sententenced in pinellas county in St. Petersburge Fl. Please help.
    1 thru 5 of 6 comments    [ 1 ]  2    



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