What Rights Are Taken Away When You Are a Felon in Arizona?

TL;DR:

A felony conviction in Arizona suspends your rights to vote, hold office, serve on a jury, and possess a firearm. While some rights return automatically for first-time offenders who have paid all restitution, firearm rights always require a court petition. We can help you navigate this complex legal process to reclaim your life. Hire Future First Criminal Law today.

How Does a Felony Conviction Impact Your Life in Arizona?

The moment a judgment of guilt is entered for a felony in Arizona, the state changes your legal status fundamentally. While most people are concerned with the immediate threat of prison or probation, the long-term “collateral consequences” can be just as damaging. In Arizona, a felony conviction does more than just punish; it suspends your voice in our democracy and your ability to protect your home.

We understand that a past mistake should not lead to a lifetime of silence. Navigating the path to getting your rights back is often confusing because the rules change depending on your specific history and the nature of your charges. We have seen how these restrictions impact lives, and we are committed to providing the clarity and professional advocacy needed to help you move forward.

Which specific civil rights are suspended upon conviction?

Under Arizona law, specifically A.R.S. § 13-904, a felony conviction triggers the immediate suspension of four primary civil rights. These are not optional penalties that a judge chooses; they are automatic legal consequences that apply to every person sentenced for a felony in our state.

These suspended rights include the ability to cast a ballot in any election, the ability to hold a position of public trust or profit, and the ability to serve as a juror in a court of law. Most significantly for many of our clients, a conviction also makes you a “prohibited possessor,” meaning you can no longer legally own or carry a firearm or any other deadly weapon. If you want to know more about these specific losses, you can read our guide on the loss of civil rights for convicted felons.

How does a felony affect your right to vote in Arizona?

Voting is the cornerstone of citizenship, yet a felony conviction cancels your voter registration immediately. You are barred from participating in local, state, or federal elections. This suspension remains in place until your rights are formally restored through either an automatic process or a court order.

For first-time offenders, there is a path to regaining this right. If you have only one felony conviction on your record and have achieved an absolute discharge from prison or probation, your right to vote may be restored automatically. However, there is a catch: you must have paid all victim restitution in full. If you owe even a small amount, you must file a petition with the court. Once restored, you must still re-register to vote; the state will not do this for you.

Can you still own a gun after a felony conviction?

The right to bear arms is treated very differently than other civil rights in Arizona. Even if you are a first-time offender, firearm rights are never automatically restored. This is a common point of confusion that leads many people to face new, serious charges for being a prohibited possessor.

To legally own a gun again, you must wait a specific period, usually two years after your absolute discharge, and then file a formal application with the Superior Court. If your conviction was for a “serious offense” as defined in A.R.S. § 13-706, the wait is ten years. If it was a “dangerous offense” (involving use or threat with a deadly weapon or serious physical injury), you may be permanently barred. Because this process is left to the discretion of a judge, having professional legal representation is vital to show the court that you have been rehabilitated.

For more on these limitations, see our post on what a convicted felon cannot do.

Does a conviction stop you from working or finding housing?

While not technically “civil rights,” there are numerous “occupational disabilities” that come with a felony. These are restrictions that make it difficult to return to a normal professional life. Many state licensing boards, such as those for nursing, real estate, or contracting, may revoke or deny licenses because of a felony record.

Finding a place to live also becomes a challenge. Private landlords and property management companies often use background checks to deny rental applications to those with a criminal history. These barriers are why we often recommend pursuing a “Set Aside” of your conviction, which can help mitigate these professional and personal obstacles. You can find a complete list of these challenges in our article on restrictions for convicted felons.

Is the restoration of rights automatic for everyone?

No. While we wish the process were simpler, automatic restoration is a narrow path. It is generally only available for individuals with a single felony conviction who have completed every requirement of their sentence, including full payment of victim restitution.

If you have two or more felony convictions, nothing is automatic. You must file an individual application for every single case on your record. This process is discretionary, meaning the court will review your behavior since the conviction, your employment history, and any other evidence of rehabilitation before making a decision. We handle the complex task of gathering discharge certificates and drafting the motions necessary to win these cases.

What is the difference between a “Set Aside” and a “Restoration”?

We often speak with clients who confuse these two separate legal actions. A Restoration of Rights simply gives you back your civil liberties so you can vote or possess a firearm (if eligible). The conviction remains on your record as it was before.

A Set Aside, governed by A.R.S. § 13-905, goes a step further. While Arizona does not have traditional “expungement,” a Set Aside allows a judge to vacate the judgment of guilt and dismiss the charges. This may result in a Certificate of Second Chance, which provides legal protections to employers and landlords who choose to work with you. It is a powerful tool for anyone looking to rebuild their professional reputation.

Why should you seek professional help for this process?

The court system in Arizona is built on strict rules and specific paperwork. A simple mistake on your application, such as failing to provide proof of absolute discharge or filing in the wrong jurisdiction, can lead to an immediate denial. These denials are difficult to overturn and can set your progress back by months or even years.

We take the stress out of this process. We verify your eligibility, track down your official discharge papers from the Department of Corrections, and draft the persuasive legal arguments that judges look for when deciding to grant a restoration. We believe in your right to a second chance and work tirelessly to ensure the court sees your rehabilitation clearly.

Conclusion

A felony conviction takes away more than just your time; it takes away your standing in the community. Whether you are seeking to vote in the next election, serve on a jury, or regain your right to protect your family, these rights are the foundation of your future. We are here to help you navigate the laws, meet the deadlines, and successfully petition the court.

You have worked hard to complete your sentence and move past your mistakes. Now, it is time to take the final step and legally reclaim your voice.

Take control of your future and secure your civil liberties. Hire Future First Criminal Law today to begin the restoration of your rights.

FAQ Section

How long must I wait to restore my gun rights?

For most non-dangerous felonies, you must wait two years after you receive your absolute discharge from prison or probation. If your conviction was for a “serious offense,” the waiting period is ten years. If your offense was “dangerous,” involving a deadly weapon or intentional serious injury, you may be permanently ineligible.

What if I haven’t paid all my restitution?

If you still owe victim restitution, your rights will not be restored automatically. You must file a petition with the court, and the judge will have the discretion to decide. In many cases, the court will require a plan for payment or full satisfaction of the debt before granting a restoration.

Will a “Set Aside” hide my conviction from an employer?

No, a Set Aside does not erase the conviction from your record. However, it changes the status to “Vacated” or “Dismissed.” This shows employers that you have fulfilled all your obligations and that the court has formally cleared you of the legal penalties associated with the crime.