ARIZONA RESTORATION OF CIVIL RIGHTS ATTORNEY

According to A.R.S. § 13-904(A), a person convicted of a felony loses the right to vote, the right to hold public office of trust or profit, the right to serve as a juror and the right to possess a firearm.

Under A.R.S. § 13-907(A), a person who has not previously been convicted of a felony shall automatically be restored any civil rights that were lost or suspended as a result of the conviction if the person either completes probation for any offense committed in Arizona or absolute discharge from imprisonment and pays all imposed victim restitution. A.R.S. § 13-907(B) essentially says the same thing for people who committed a felony in another state, were imprisoned in another state, and/or in the federal bureau of prisons except that the person shall file an application pursuant to section 13-908 and the court shall grant the application without receiving a response from the state or holding a hearing. A.R.S. § 13-907(C) states that the person’s right to possess a firearm is not automatically restored if the person was convicted of a dangerous offense under section 13-704, a serious offense under section 13-706, or an out-of-state felony that would be a dangerous or serious offense as defined by sections 13-704 or 13-706. A.R.S. § 13-907(D) gives the court the discretion to order the restoration of the right to possess a firearm pursuant to A.R.S. § 13-910 if the person is not entitled to the automatic restoration of firearm rights.

“Restoration of civil rights is one more step toward normalcy” Lisa Witt

A.R.S. § 13-907 applies to a person with no previous felony record who has completed their sentence and paid all victim restitution. Restoration of civil rights is automatic without having to apply to have them restored unless the person was convicted in another state or in federal court. The court has the discretion to order the restoration of the right to possess a firearm if the person was convicted of a dangerous or serious offense.

Pursuant to A.R.S. § 13-908, a person with a previous felony conviction who has completed probation; received an absolute discharge from ADOC, a prison in another state, or the federal bureau of prison; has not paid all victim restitution; has a felony conviction in another state; or who has a federal conviction and has completed probation or received an absolute discharge from the federal bureau of prisons may apply to the Superior Court to have their civil rights restored at the discretion of the court. The court may order the restoration of the right to possess a firearm pursuant to A.R.S. § 13-910 unless the person was convicted of a dangerous offense under A.R.S. § 13-704 or an out-of-state conviction that would be considered a dangerous offense under A.R.S. § 13-704 if committed in Arizona or a serious offense under A.R.S. § 13-706 or an out-of-state conviction that would be considered a serious offense under A.R.S. § 13-706 if committed in Arizona.

A.R.S. § 13-105(13) defines a “dangerous offense” as an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person. A.R.S. § 13-910(A) state that a person who is convicted of a dangerous offense under A.R.S. § 13-704 or an out-of-state conviction that would be considered a dangerous offense under A.R.S. § 13-704 if committed in Arizona may not file for the restoration of the right to possess or carry a firearm.

A.R.S. § 13-706(F)(1) defines a “serious offense” as any of the following:

(a) First degree murder;

(b) Second degree murder;

(d) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument;

(e) Sexual assault;

(f) Any dangerous crime against children;

(g) Arson of an occupied structure;

(h) Armed robbery;

(i) Burglary in the first degree;

(j) Kidnapping;

(k) Sexual conduct with a minor under fifteen years of age; or

(l) Child sex trafficking.

A.R.S. § 13-910(A) states that a person convicted of a serious offense within Arizona or in another state that would be considered a serious offense in Arizona may not file for the restoration of the right to possess or carry a firearm for ten years from the date of the person’s absolute discharge from prison. The restoration of the right to possess a firearm under A.R.S. § 13-910 is in the discretion of the court.

A.R.S. § 13-908 applies to a person who has one or more previous felony convictions or a first time felony offender who has not paid all victim restitution. A person in these situations must apply to have their civil rights restored. The restoration of civil rights is in the court’s discretion. A.R.S. § 13-910 governs the restoration of the right to possess a firearm.

The Arizona statutes do not prohibit a sex offender from applying to have his or her civil rights restored.

Applying to restore your civil rights in Arizona is a complex process. Lisa is an experienced attorney who knows how to navigate it. Call LisaLaw, LLC or fill out the online form for a free consultation.