In the majority of the United States, including the state of Arizona, being convicted of a felony has consequences outside of the court sentence alone. Jail sentences and fines aside, a felony conviction – depending on the type – will often result in the loss of your civil liberties. These rights include voting, social security, select business licenses, the right to hold public office, and the right to serve on a jury among others.
What are your options when it comes to restoring these rights? Are you even eligible? What steps do you have to take? As legal experts in criminal law, we’re here to answer these questions and more – starting with the basics.
An individual who has been convicted of a felony has the opportunity to submit for the restoration of his or her rights, but if, when, and which of these rights can be restored is often heavily dependent on the type of conviction and classification of the crime.
For someone with only one felony conviction (and, yes, felony convictions from outside the state of Arizona do count), an individual’s rights can be restored after the completion of any and all probation once the person has been fully discharged from the Arizona Department of Corrections. At this time, the convicted individual can submit request forms to restore their civil liberties. So long as all requirements have been met (jail time and probation completed, fines paid), these rights will be restored.
It’s important to note that if you have been charged with a felony outside the state of Arizona, you must submit for the reinstatement of your rights in the state where you were charged with the crime. Even if you are an Arizona citizen, you must submit for the restoration of your rights in the state where the crime took place and/or in which the legal proceedings took place.
If a person has had two or more felonies, you can apply for the restoration of your liberties two years after your official discharge from the Arizona Department of Corrections. (This includes all probation periods!) In order for your rights restoration to be processed and completed, all fines and restitutions must be paid in full.
How long exactly you can be denied your civil liberties has a lot to do with the type (and classification) of crime you were charged with as well as the specific city in which you reside. Denials can range anywhere from one year to a lifetime. Because legislation may differ depending on your city or county, it’s important to confer with a criminal law attorney if you’re considering submitting for restoration to find out what your options are exactly.
In Arizona, successfully restoring your civil liberties does NOT automatically restore your right to possess and/or carry a firearm. In fact, in some cases, you might not ever be legally allowed to carry a firearm again.
Individuals convicted of a non-violent felony are eligible to apply for the restoration of their firearm rights starting two years after their official discharge from the Department of Corrections. Non-violent felonies include offenses such as the possession of drug paraphernalia, witness tampering, theft of property ($1,000 - $2,000 in value), or theft of a gun. Those with convictions for serious offenses – “common” felonies, sex crimes, crimes against children, etc. – the individual must wait a minimum of ten years after their official discharge from Corrections. Again, this includes any probationary period.
Anyone charged with a dangerous offense or Class 1 felony is automatically ineligible for the restoration of their firearm rights. This is a lifetime ban, meaning if you are caught in possession of a firearm, it will be illegal and you can be arrested and charged.
When it comes to federal crimes and federal courts, these convictions work a bit differently. Due to the distinct separation between state and federal courts (federal courts being used to charge violators of federal law versus state law), Arizona Courts do not have the authority to restore firearm rights to individuals convicted in a federal court.
You’ve submitted for the restoration of your civil liberties, but what else can you do to clean up your record? Conviction expungement?
No, not exactly. Arizona state law does not allow for any convictions to be expunged, only set aside. A “set aside” is an acknowledgement of the individual’s record by the court that states he or she has completed all mandated sentences of their conviction (for example, fines, mandatory jail/prison sentences, probation) and has done so in a fashion and timeline that’s in accordance with the state laws. Anyone who submits for a background check will still be able to see your conviction – as we mentioned, a set aside is not the same as an expungement – but this will denote that you have successfully completed your full sentence and willingly complied with all mandates. If you are still on probation, you do not yet qualify for a set aside.
There are limitations to who can submit to have their record set aside. For example, anyone convicted of a serious offense, such as assault with a deadly weapon or sexual assault, are not eligible. If you’ve been convicted of two or more felonies, you must wait two years after being discharged from Corrections – and, yes, this once again includes probation. At that point, you will become eligible to apply for a set aside (so long as the felony was not a serious offense).
Much like having your rights restored, you can only have your conviction set aside if you were convicted of the crime in the state of Arizona.
Having your conviction set aside can actually have a lot to do with rights restoration. In some cases, it may actually be easier to get your civil liberties restored; specifically, your right to possess a firearm. Many individuals have also found it easier to get a job after receiving a set aside because employers are more willing to look beyond past offenses.
Unless you have a complete and thorough understanding of the law, it can be challenging to confidently know all of your options in a given situation – even more so when it comes to rights restoration, what rights you are eligible to restore, and what your particular conviction may mean when it comes to restoring your rights. This is where an attorney with extensive knowledge and experience in criminal law comes in.
A lawyer will be able to provide you with the most accurate, up-to-date information about your conviction and what steps you need to take in order to be eligible to apply for restoration. This process comes with quite a bit of paperwork, and your attorney will be able to provide you with the correct documents, forms, and applications along the way.
Have questions? Not sure where to begin? Our talented team of attorneys are highly experienced in criminal law and work with clients just like you every day to get their rights restored. Contact us today to schedule a consultation and get started.