Restoration of Rights
A criminal record can have a negative impact on your life. There are many reasons for wanting to have a criminal record set aside. Many employers will not hire someone with a felony. You may be wanting to have your gun rights restored or regain your right to vote. You may have been denied when applying for a lease on an apartment or other contracts as well. Having your record set aside and putting your past behind you is a great way to move on with your life.
Whether you are a hunter or just want protection, the right to possess firearms is considered as one of the most important rights that Americans enjoy. However, if you have been convicted of a felony crime, that right can be taken away from you. Because taking away your firearms rights is a form of punishment, restoring it is not going to be easy. It is not something that you just apply for. The process is tedious and you would have to satisfy several conditions before the court can consider reinstating your rights.
Under Arizona law, Arizona Revised Statutes Title 13-904 to 13-908, a felony conviction causes the loss of several civil rights. With the help of a criminal defense attorneys, you may be able to restore your right:
- To vote
- To hold public office
- To possess a firearm
- To serve as a juror
Typically, individuals who were convicted of one felony in Arizona will automatically have their rights restored after they complete their probation or receive an absolute discharge. However, it is always best to file an application to restore your rights in Arizona to ensure that they are actually restored. Individuals who have been convicted of two or more felonies will need to file an application to be considered for restoration of rights.
Civil Rights restoration is provided for in Arizona law under Arizona Revised Statutes Sections 13-906, 13-907, and 13-908. If you are a first time offender, yet have not completed payment of assigned victim restitution, then you are still eligible to file for restoration of your civil rights upon final discharge from your sentence. Those with two or more felony convictions can file for restoration of civil rights immediately upon final discharge as long as their sentence was not a prison sentence. Those with two or more felony convictions who receive an absolute discharge from a prison authority may file for civil rights restoration two years from the date of absolute discharge.
Even if you have a federal conviction, but reside in Arizona, you may file to restore your civil rights. Those who received a federal conviction may only petition to restore civil rights when eligible, but not firearm rights.
Civil rights restoration does not include firearm rights restoration. Firearm rights are handled separately and there are separate waiting periods for individuals looking to restore firearm rights in Arizona.
Reach out to one of our experienced criminal attorneys if you are looking to restore your civil rights. When it comes to restoring your right to bear arms, there is no substitute for experience. Even if two years have already passed, restoring your rights is not automatic upon application. Often, the prosecutor will vehemently object to restoring your constitutional rights, even for non-violent offenses. That’s where an experienced attorney can really help.
If you need assistance restoring your rights in Arizona, our criminal defense lawyers can help you get your felony conviction set aside, expunged, or vacated (if you were convicted of a felony in Arizona).
Hiring an Experienced Criminal Attorney
Hiring a experienced and locally based criminal attorney is an important step in the criminal process. A Phoenix criminal lawyer should be hired within the week following an arrest. A skilled criminal attorney should have specialized knowledge and access to the resources necessary to competently defend you and successfully fight your criminal charges.
The criminal defense attorneys at Phoenix Criminal Lawyer are dedicated to providing the highest-quality defense available to our clients. It all starts with your free case review, where you can get a better idea of the legal road ahead. Contact us today to schedule your complimentary and private consultation with our superior criminal lawyers.