Restoration of Rights
When a person is convicted of a Felony in Arizona or convicted of certain Misdemeanor “domestic violence” offenses, they will ultimately lose certain civil rights, including the right to possess firearms. A person with a felony conviction may not:
Possess a firearm
Vote
Serve on a jury
Join the U.S. Armed Forces
Obtain a concealed carry license
Having a felony conviction does not necessarily mean rights cannot be restored. A common misunderstanding is that a felony conviction automatically bans all of your civil rights forever. This is certainly not the case in most circumstances, and Contacting an Experienced Criminal Attorney could be the difference between restoring your civil rights or remaining restricted.
Automatic Restoration of Civil Rights
A person is entitled to an automatic restoration of civil rights for a first-time felony conviction committed within Arizona. This requires a person to complete probation or have an “absolute discharge” from prison, and restitution to victims is fully paid. If civil rights are not restored automatically, a person may file a petition with the court to restore their civil rights.
NOTE: automatic restoration does not apply to “dangerous offenses” under A.R.S. § 13-704 or “serious offenses” under A.R.S. § 13-706. A person may still restore their Civil Rights, but the process is not automatic or guaranteed. Automatic Restoration also does not apply to any offense committed outside of Arizona, and both instances must follow the standard Restoration of Rights procedure; see below.
Standard Civil Rights Restoration
If a person does not qualify for Automatic Restoration, they must file an application with the court, and a judge will have discretion on the ruling. To be eligible for a restoration of rights, a person must complete probation or receive an “absolute discharge” from the state department of corrections, a prison in another state, or the federal bureau of prisons. The person does not have to have restitution fully paid off to apply, although paying off restitution would benefit the person. Below are the types of cases that would have to file a Standard Civil Rights Restoration Application with the court:
Any Felony committed outside of Arizona or Federal Felony conviction;
Any person who has more than one Felony conviction;
Any person who has not paid off restitution;
Any person requesting Firearm Rights and convicted of a “serious offense” under A.R.S. § 13-706.
Serious Offense and Dangerous Offense Restoration of Civil Rights
For Non-Firearm Civil Rights Restoration, both Serious Offenses and Dangerous Offenses follow the same standard guidelines detailed above.
However, Firearm Restoration of Rights is not as simple— for a Serious Offense, a person must wait for ten years after absolute discharge from probation.
Arizona does not allow for the Restoration of Firearm Rights for Dangerous Offenses. A Dangerous Offense is anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
Restoration of Rights Application Process
Once you apply to the proper jurisdiction/court, the court will forward it to the prosecutor for review and response. A prosecutor will review the case/application and give their position on whether or not they believe you should have your rights restored. The court may also request input from a victim or hold a hearing if necessary. Once completed, the court will review the case, input from the parties (including the victim, if applicable), and any additional documents provided by the parties, the background of the defendant, and other factors before deciding on whether the rights should be restored or the application denied. This process has no timetable, and standard rights restoration, including gun rights, is always left to a judge’s discretion. A court will assess several different factors when making a ruling.
Documents Required to File an Application
A person will have to provide an order of absolute discharge or any paperwork showing the final discharge of the case. Documents supporting the application are also highly recommended to provide additional mitigation to the court, giving the judge more reason to restore a person’s rights.
Call Us Today, Don’t Wait.
If you are seeking a Restoration of Civil Rights, Gun Rights or have questions regarding your situation, Contact Us Today. If an application is not filed correctly, it will be delayed and possibly denied. The Restoration of Rights Statutes are complicated to navigate as multiple factors are assessed— at Millar Law, we have experience filing these types of requests with the court and know what to look for when reviewing your case. If you would like an Experienced Arizona Restoration of Rights Attorney, Call Us Today for your Free In-Depth, No Obligation Case Review.