Restoring Your Civil Rights After an Arizona Felony

Can I get my rights back in Arizona?

First-time offenders: Firearm rights, rights to vote, hold public office, and serve on a jury are automatically restored after you receive an absolute discharge and pay all restitution, under A.R.S. § 13-907. But be careful, people often think they have completed their sentence but then years later find out they didn’t complete everything and therefore did not get their rights restored and are at a risk of getting in further trouble for things like unlawfully possessing a weapon. The right to possess a firearm is not always restored automatically at the federal level such as when you go to purchase a weapon and it always requires a separate petition and court approval. Even if you think you rights are restored, it is better to apply just to ensure you are fully restored when it comes to firearm rights.

Repeat offenders: You must file a petition with the Superior Court to restore civil rights and firearm rights.

Waiting periods: There is no official waiting period after your sentence is fully discharged, depending on the type of offense. The judges typically recommend the longer you wait the better. This is part of what our law firm helps decide for you.

The Solution: We understand how to navigate the complex Arizona court system to secure your second chance. Hire Future First Criminal Law to handle your case.

Reclaiming Your Future: A Guide to Restoring Civil Rights in Arizona

We understand that a felony conviction often feels like a permanent barrier between you and the rest of society. Long after the court dates have ended and the terms of a sentence have been met, the “invisible punishment” of lost civil rights continues. You might feel like a visitor in your own country, unable to vote for the leaders who represent you, unable to serve your community on a jury, and unable to exercise your Second Amendment rights to protect your home.

Arizona law is uniquely strict when it comes to these losses, but it also provides a definitive pathway for those who want to move forward. We believe that your past should not dictate the entirety of your future. We focus on helping Arizonans navigate the complexities of the Superior Court to ensure their voices are heard and their rights are reinstated. If you are ready to put the past behind you, we are here to provide the clear advocacy you deserve.

What civil rights do you lose after a felony in Arizona?

The moment a judge enters a judgment of guilt for a felony, Arizona law automatically suspends several fundamental liberties. These are not merely administrative hurdles; they are the loss of your standing as a full participant in our democracy. Many people are surprised to learn that these rights do not all come back the moment you walk out of a prison or finish a term of probation.

Specifically, a conviction strips you of the right to vote in local, state, and federal elections. You also lose the right to serve as a juror, which means you cannot participate in one of the most vital aspects of the American legal system. Furthermore, you are barred from holding public office or any position of trust that requires a clean record. Most significantly for many of our clients, you lose the right to possess or carry a firearm. This restriction is especially serious because being caught with a firearm as a “prohibited possessor” can lead to entirely new felony charges and mandatory prison time. For a deeper look at this, you can read more about the specific rights lost as a felon.

Can you automatically get your rights back?

Whether your rights return automatically or require a formal legal battle depends heavily on your prior record. Arizona makes a major distinction between someone who has made a single mistake and someone who has multiple convictions on their record. We often see clients who assume their rights were restored years ago, only to find out they are still technically “prohibited” under the law.

If you are a first-time offender, Arizona law (A.R.S. § 13-907) restores your civil rights automatically after you receive an absolute discharge from your sentence and have paid all restitution. This includes the right to possess firearms (except dangerouns and serious offenses), rights to vote, hold office, and serve on a jury. If you have two or more felony convictions, you must file a petition to restore those rights.

Regardless of how many convictions you have, the right to possess a firearm is essentially never fully restored automatically. It always requires a formal petition and a judge’s approval under A.R.S. § 13-910 to be on the safe side.

How do these restrictions impact your daily life?

The loss of civil rights is often accompanied by a broader set of “collateral consequences” that make daily life difficult. While the law focuses on voting and firearms, the reality of living with a felony record involves a constant stream of barriers in employment, housing, and social interactions.

Many professional licenses in Arizona are out of reach for those with an active felony record. If you work in healthcare, education, or the trades, a conviction can mean the end of a career you worked years to build. Landlords frequently use the loss of civil rights as a shorthand for “untrustworthy,” leading to denied housing applications in safe neighborhoods. We have spoken with many individuals who feel a deep sense of shame because they cannot join their neighbors at the polling place or protect their families at home. You can learn more about these broader restrictions for convicted felons to see how they might be affecting your specific situation.

What can a convicted felon not do in Arizona?

Beyond the “big four” civil rights, there are dozens of smaller restrictions that can catch you off guard. We find that many of our clients are unaware of how far the reach of a felony conviction actually goes until they hit a wall. For example, a felony conviction can impact your ability to travel to certain countries, obtain specific types of insurance, or even volunteer at your child’s school.

In Arizona, a convicted felon cannot possess any “deadly weapon or prohibited weapon,” which can include not only firearms but also certain knives and tactical equipment, depending on the circumstances. Furthermore, you cannot serve as a notary public or hold various state-level certifications. This environment of “no” can be exhausting. To help you understand the full scope of these limitations, we have compiled a resource on what can a convicted felon not do that outlines the boundaries you are currently living within.

What is the specific process for restoring firearm rights?

Restoring your right to bear arms is the most difficult part of the process and requires the most precision. Arizona judges take firearm restoration very seriously, and the judges do not always approve them even if you are eligible. We emphasize to all our clients that you cannot rush this process; filing too early will result in a denial that could hurt your chances in the future. If you think this process is just signing a paper and the judge will approve it because you are eligible, you are wrong.

The nature and circumstances of each person’s case matter the most when trying to get firearm rights approved, even if you are eligible to apply the day your case ends. If your crime was classified as a serious offense under A.R.S. § 13-706, the waiting period extends to ten years. If your conviction was for a dangerous offense, meaning it involved the use or discharge of a deadly weapon or caused serious physical injury, then you will be permanently barred from restoring firearm rights under Arizona law.

We meticulously review your sentencing documents to determine exactly which category you fall into before we begin the petition process.

Does a “Set Aside” differ from rights restoration?

A common point of confusion we encounter is the difference between a “Set Aside” and the “Restoration of Rights.” While they often go hand-in-hand, they serve overlapping purposes. Arizona does not have a traditional “expungement” that erases your record. Instead, we have a “Set Aside” (A.R.S. § 13-905). When we successfully Set Aside a conviction, the court vacates the judgment of guilt, and the record is updated to show the conviction was set aside. The Set Aside does include restoring firearm rights. There is also a separate application specifically to restore firearm rights that does not include restoring the rest of your civil right but we do not recommend using this process as it is usually less successful than a set aside.

A Set Aside is a powerful tool because it tells the world, including potential employers, that you have fulfilled all the requirements of the court and that the state has acknowledged that. Having a conviction Set Aside makes a stronger case for a judge to also restore your civil rights and eventually seal your case.

What does the court look for in your petition?

When we file a petition on your behalf, we aren’t just filling out a form. We are presenting a case to a judge that you have changed and that you are no longer a threat to public safety. Judges have “judicial discretion,” which means they have the power to say “no” even if you have met all the technical requirements. Because of this, the way we present your story is vital.

The court will look at your behavior since the conviction. Have you maintained steady employment? Have you stayed out of trouble with the law? Have you contributed to your community? We also include evidence of your rehabilitation, such as character references, proof of completed programs, and a personal statement. The judge will also consider the input of the original victim and the prosecutor’s office. Our goal is to make it as easy as possible for the judge to say “yes” by providing a professional, thorough, and compelling application that leaves no doubt about your character.

Why is the right timing so critical?

Timing is everything in the Arizona legal system. We often see people who try to file for restoration the moment they get out of prison, only to be denied because they are still on “community supervision” or still owe money toward their fines. In Arizona, you must be “absolutely discharged” from your sentence, which means you are completely done with prison, parole, and probation.

Furthermore, all restitution must be paid in full to the victims. The court views unpaid restitution as a failure to take responsibility for the past. If you owe even a small amount, the judge will almost certainly deny your petition. We help you verify your discharge status and ensure that your financial obligations are met before we spend your time and money on a petition. Waiting until the time is right is the best way to ensure a successful outcome.

Why should you work with us to restore your rights?

We know that the process of dealing with the court system can be intimidating and overwhelming. Many people feel like the system is designed to keep them down, and trying to navigate it alone can lead to frustration and costly mistakes. We are here to take that burden off your shoulders. We handle the research, the paperwork, and the courtroom advocacy so you don’t have to.

We don’t just see a case number; we see a person who is trying to better their life. We take a compassionate approach to your history, listening to your story without judgment. We know how the local prosecutors and judges handle these petitions, and we use that knowledge to build the strongest case possible for you. We provide clear communication throughout the process so you always know where your case stands. Our commitment is to give you the highest quality representation to ensure your rights are protected and restored.

Conclusion: Reclaim Your Life with Future First Criminal Law

You have worked hard to move past your mistakes and build a new life. You deserve to have the same rights and responsibilities as every other citizen in Arizona. The path to restoration may be complex, but you do not have to walk it alone. We have the experience and the dedication to help you navigate the Court and win back your civil rights.

We are ready to stand by your side and advocate for your second chance. Whether you are looking to vote in the next election, serve your community, or protect your family, we can help you reach that goal. Don’t let your past hold you back any longer.

Hire us today to start the process of restoring your civil rights. Hire Future First Criminal Law to reclaim your future and ensure your voice is heard once again.

Frequently Asked Questions (FAQ)

Can I vote in Arizona if my felony was from another state?

If you live in Arizona now but your conviction was in another state, the rules can be tricky. Generally, Arizona will honor the restoration of rights from the state where you were convicted. If that state has restored your rights, you are typically eligible to vote here. However, if they have not, or if you have multiple convictions across different states, we need to perform a detailed legal analysis to determine your eligibility.

Does a “Set Aside” remove the felony from my background check?

No, it does not remove the entry entirely. Arizona is a public record state. However, it changes the status of the entry. Instead of saying “Convicted,” your record will show that the judgment was “Set Aside” and that the conviction was vacated. This is a significant distinction for employers and background check agencies, as it shows you have successfully completed the legal process.

How do I know if I still owe restitution?

You can check with the Clerk of the Superior Court in the county where you were sentenced. They maintain the official ledger of all payments made toward your case. We can also assist in verifying these records to ensure that everything is paid in full before we file your petition.

What happens if the prosecutor objects to my restoration?

It is common for the prosecutor’s office to review these petitions and sometimes file an objection, especially if the original crime was serious. If this happens, the court will likely schedule a hearing. We will represent you at this hearing, presenting evidence of your rehabilitation and arguing why the objection should be overruled by the judge.

Can I restore my firearm rights for a federal conviction?

This is one of the most difficult areas of law. Arizona courts can restore state civil rights even for a federal conviction, but federal firearm rights are governed by federal law, and the ATF has currently suspended the process for restoring them. We can review your case to help you understand what options may exist.