Restoration of Civil Rights & Set Asides
Loss of civil rights
After a person is convicted of a felony, they lose certain civil rights, including:
The right to vote
The right to serve on juries
The right to hold certain public offices
The right to possess guns or firearms
The loss of rights can significantly impact an individual's standard of living. It restricts their occupational and residential options and their involvement in community activities. Upon the reinstatement of these rights, people can resume their normal activities as if their previous felony convictions never happened.
Automatic Restoration of Rights
In Arizona, civil rights are automatically restored after first-time felonies when probation is completed, or there is an absolute discharge from imprisonment. However, a two-year waiting period is required to restore gun rights.
Petition to Restore Rights
A Petition to Restore Civil Rights is a request for a judge to restore rights lost due to a criminal conviction.
Petition to Set Aside
A Petition to Set Aside a Conviction is a request for a judge to “overturn” a Judgement of Guilt. If your Petition to Set Aside is granted, the court will set aside the judgment and dismiss the complaint, information, or indictment. The Clerk of the Court will notify the Arizona Department of Public Safety regarding your set aside order.
Unfortunately, a Set Aside does not entirely remove your criminal history or seal your court record.
Decision
Whether or not a Petition to Restore Civil Rights or a Petition to Set Aside is granted is discretionary. This means that the Judge will determine whether or not to grant or deny the request. Your request for a Set Aside will not be granted if you were convicted of:
A dangerous offense;
If you are required to register as a sex offender;
If the offense was found to have a sexual motivation;
If the victim was under 15 years of age; or
Certain traffic offenses.
Multiple Convictions
If you have multiple felony convictions, the Court must consider each separately.
If you have more than one case number, you must prepare and file a separate Petition for each case;
If your case involved multiple counts, you must list each one but do not need to file a separate Petition for each count;
If you have state and federal convictions, you must fill out separate Petitions for each.
Gun Rights
You can only Petition for Restoration of gun rights after two years after you were successfully discharged from prison or probation. For example, if you were convicted of a serious offense, you are ineligible to have your right to possess a gun restored until ten years from the date of discharge of probation.
Misdemeanors & Domestic Violence
Most people convicted of Misdemeanors do not lose any civil rights. Thus, there is no need to petition for restoration. However, Defendants convicted of certain types of domestic violence may be prohibited from possessing guns under federal law. The federal prohibition cannot be reversed through the restoration process.
Federal Restoration
An Arizona judge can grant restoration of civil rights under Arizona state law only. An Arizona judge has no authority to grant restoration of civil rights under federal law.
Do you need any attorney?
While you do not need an attorney to file a Petition, hiring an attorney can make the process go more smoothly by ensuring everything is done correctly. Hiring an attorney can also reduce stress. The process of requesting a set aside, restoring civil rights, and restoring gun rights is initiated using a single form. Although they are considered distinct processes, the records are straightforward and require the completion of blank fields and the selection of checkboxes. In the case of restoring the right to own firearms, a written declaration must be submitted. It is advisable to seek the assistance of a legal professional in reviewing the written statement before applying.
Amanda Bynum, the owner of AJB Law Firm, LLC, is an experienced criminal defense attorney with over a decade of experience. If you are interested in a set-aside restoration of rights, expungement, or record seal, call AJB Law Firm to set up a free consultation today. AJB Law firm was designed with the customer in mind. We offer virtual and phone appointments, virtual signatures and payments, and easy-to-access information for anyone who needs it.
