Being convicted of a felony in Arizona can lead to long-term effects, including the loss of essential civil rights. However, Arizona criminal code laws provide individuals with the opportunity to restore their civil rights after a felony conviction, offering a way to reintegrate into society and rebuild their lives. Our Arizona criminal defense attorneys can be instrumental in helping navigate this process. If you are seeking assistance in restoring your civil rights following a felony conviction in Arizona, this guide will summarize the process and key considerations.
What Rights Are Lost after a Felony Conviction in Arizona?
In Arizona, a felony conviction results in the automatic loss of several civil rights, including:
- The right to vote
- The right to hold public office of trust or profit
- The right to serve on a jury
- The right to possess or carry a firearm
These rights can be restored, depending on the type of conviction and other factors, but it requires a formal legal process.
What to Know Before Starting the Process of Restoring Your Civil Rights in Arizona
When starting the process of restoring your civil rights, there are a few things to consider:
- If you have one felony conviction in Arizona, your rights may automatically get restored after completing a term of probation.
- If you served time for multiple felony convictions, you must satisfy the requirements of your sentence for each case and receive a successful discharge from probation or absolute discharge from the Arizona Department of Corrections to apply for restoration of rights. Separate applications are required if convicted in multiple cases.
- If you served probation for multiple felony convictions, there’s no waiting period to apply for restoration. However, often Arizona Court’s want to see a period of good behavior following discharge or probation before restoring someone’s rights. In some instances, whether or not someone’s rights are restored is in the sole discretion of the trial court.
- If you’re a first-time offender and your felony was not considered dangerous or serious under the law, your rights are automatically restored upon completion of your sentence, without the need to file an application.
Steps to Restore Your Civil Rights after an Arizona Felony Conviction
To restore your civil rights after completing the requirements of your sentence, follow these steps:
- Complete All Sentence Requirements: Ensure you’ve fulfilled all terms of your sentence, including probation, parole, and fines.
- Prepare a Petition for Restoration of Rights: You can obtain a petition from the court in the county where your conviction occurred. You must complete the application packet by filling out the petition and any associated documents completely and accurately.
- Submit the Application: Drop off the completed petition in person or mail it to the designated address provided by the court.
- Wait for Court Notification: The court informs the prosecuting agency, which can support, oppose, or remain neutral. Within 60 days, the court will review and rule on your petition.
These steps are part of the process to help restore your civil rights, including the right to vote. However, the reinstatement of gun rights is a separate matter and requires a separate petition.
Restoring Your Gun Rights after an Arizona Felony Conviction
If you’ve been convicted of a felony in Arizona, restoring your gun rights isn’t automatic—you’ll need to go through a legal process to regain the ability to own or possess firearms. Arizona has strict guidelines for restoration, and your eligibility depends on the type of felony you were convicted of, as well as the time that has passed since your sentence was completed.
Types of Felonies and Restoration Timeframes
Dangerous Offenses
Felonies that involve deadly weapons or dangerous instruments, or that result in serious physical injury to another person, are categorized as dangerous offenses under A.R.S. § 13-704. Unfortunately, if you were convicted of a dangerous offense, you are not eligible to apply for the restoration of your gun rights. This disqualification is permanent.
Serious Offenses
Serious offenses, as outlined in A.R.S. § 13-706, include crimes such as:
For individuals convicted of serious offenses, the law requires a 10-year waiting period after the completion of your sentence, whether that’s the discharge from probation or your absolute discharge from prison. Only after this period can you apply to have your gun rights restored.
If your felony does not fall under the categories of dangerous or serious offenses, you may be eligible to restore your gun rights sooner.
If you’re considering applying to restore your gun rights after a felony conviction, an experienced Arizona criminal defense lawyer at Lerner and Rowe Law Group can guide you through the legal process, ensure all necessary requirements are met, and improve your chances of having your rights restored.
How a Criminal Defense Lawyer Can Help Restore Your Rights
A criminal defense lawyer can help with restoring your civil rights after a felony conviction by guiding you through the legal process and ensuring all steps are properly completed. Here’s what they can do for you:
- Assessing eligibility and determining if you qualify to restore rights
- Preparing and submitting the required documents to the court on time
- Advocating for you in court by presenting evidence of your rehabilitation and compliance with sentencing
- Countering any opposition from the prosecution or others
- Ensuring compliance and guiding you through legal requirements, such as probation or waiting periods.
Contact an Arizona Civil Rights Restoration Attorney
Restoring your civil rights after a felony conviction in Arizona is an important step toward regaining independence and reintegrating into society. Though the process can be complex, it allows you to reclaim vital civil rights. By following the proper steps and seeking legal help when needed, you can navigate the process successfully. The Arizona criminal defense lawyers at Lerner and Rowe Law Group are here to guide and advocate for you, helping you restore your rights and reclaim your future.