Sealing Record & Voting Rights: Are There Any Restoration Clauses?

For many Arizonans with a criminal record, the ability to fully participate in civic life, especially the right to vote, represents both a milestone and a symbol of redemption. Sealing or setting aside a criminal record can be life-changing, offering a sense of closure and a real shot at a better future. But one of the most common questions we hear is: Can having a conviction set aside restore your voting rights?

The answer is: it depends largely on the nature of the offense and whether your civil rights have already been restored under Arizona law.

Key Takeaways Up Front

A Set Aside under Arizona law may restore your right to vote, especially in cases involving a second or subsequent felony where civil rights were not automatically reinstated. Even if you believe your civil rights were automatically reinstated, it is highly recommended to do a Set Aside just to be 100% sure all your rights, including firearm rights, are restored. If a Set Aside is approved, then you will have proof your rights are restored as opposed to simply trusting that your rights were automatically restored, which is not a valid legal defense if you are mistaken and did not get your rights automatically restored. Sealing a record, on the other hand, does not restore any civil rights, it simply makes your record inaccessible to the public. If you’ve only had one felony and have completed all the terms of your sentence, your civil rights, including voting, are usually restored automatically. However, if you have more than one felony, a formal request must be made to restore those rights. And regardless of whether your rights have already been restored, sealing a record can be a powerful way to protect your future from the stigma of a criminal past.

What Happens to Voting Rights After a Felony in Arizona?

When someone is convicted of a felony in Arizona, they lose certain civil rights by default. This includes the right to vote, serve on a jury, and run for public office. For many people, especially first-time offenders, these rights don’t have to be lost forever. Arizona law allows for the automatic restoration of civil rights, including the right to vote, after the successful completion of all sentencing terms. That means finishing probation or jail time and paying all fines in full. For individuals with only one felony on their record, that automatic restoration is built into the law. However, firearm rights are a separate matter and are not automatically restored, even in first-time cases. Even if you believe your civil rights were automatically reinstated, it is highly recommended to do a Set Aside just to be 100% sure all your rights, including firearm rights, are restored.

For those with more than one felony conviction, civil rights are not automatically reinstated. In these cases, a petition must be filed with the court to formally request restoration. This can be done with a petition to set aside the conviction.

How a Set Aside Can Restore Your Voting Rights

The Set Aside process in Arizona, outlined in A.R.S. § 13-905, provides a way for individuals with qualifying convictions to have the judgment of guilt set aside. While this doesn’t erase the conviction from your record, it does mean the court recognizes that you’ve completed your sentence and moved forward. One important outcome of a successful Set Aside is the restoration of civil rights if they haven’t already been restored. That includes the right to vote. For people with multiple felony convictions, a Set Aside is often the most effective way to regain these rights and signal to the court, and society, that meaningful rehabilitation has occurred.

It’s important to note that the decision to grant a Set Aside lies entirely with the judge. The court will consider several factors, including the nature of the offense, your conduct since the conviction, any new charges, and the length of time that has passed since you completed your sentence. The judge also has the discretion to restore rights as part of the same decision, making the Set Aside a critical step for those looking to vote again after multiple felonies.

Sealing a Record Doesn’t Restore Rights—But It Still Has Value

Sealing a record under A.R.S. § 13-911 offers significant protection from public access. This legal process can apply to dismissed charges, arrests that never led to prosecution, and qualifying convictions after a waiting period. Once approved, the record is no longer accessible to the public or private background check services that pull from government databases. That can make a huge difference in job applications, housing searches, and loan opportunities.

However, sealing a record does not restore any civil rights, including voting or firearm rights. The main benefit of sealing is privacy and protection from discrimination, not reinstating lost legal rights. If someone has not yet had their rights restored through a separate legal action, simply sealing the record will not be enough to allow them to vote. That said, sealing often works well as a next step after restoring rights and giving individuals a more complete sense of closure and control over their future.

How Automatic Restoration Works (And When It Doesn’t)

Under A.R.S. § 13-907, civil rights are automatically restored after a first felony conviction once all parts of the sentence have been completed. This includes jail time, probation, and payment of any fines or restitution. In such cases, there’s no need to file a special application to get your right to vote back, it comes with the successful completion of your obligations. However, even if you believe your civil rights were automatically reinstated, it is highly recommended to do a Set Aside just to be 100% sure all your rights, including firearm rights, are restored. Having proof is your responsibility as there is no online database that actually tells the police, prosecutor or judge if you have your rights automatically restored unless you get a Set Aside approved.

The situation changes if you’ve been convicted of more than one felony. In that case, automatic restoration no longer applies. A person must petition the court for the return of their civil rights, and a judge will decide whether to grant or deny that request. In many of these cases, a Set Aside is filed at the same time or instead of a standalone restoration petition.

The Court’s Role in Restoring Rights

Whether you’re applying for a Set Aside or a direct restoration of civil rights, the judge plays a central role. Arizona judges have wide discretion in deciding whether to approve these requests. They’ll look at the type of offense, the time that has passed since the sentence was completed, whether any new offenses have occurred, and whether the individual has shown a genuine commitment to rehabilitation. The court may also consider input from any victims involved and the position of the prosecuting attorney.

This judicial discretion means that no outcome is guaranteed. But a well-prepared application that shows how someone has turned their life around can significantly increase the chances of success. That’s why these cases deserve thoughtful attention and careful planning before being submitted.

Sealing, Set Aside, and Your Future

Both sealing and setting aside a conviction can make an enormous difference in someone’s life. But they serve different purposes. A Set Aside has the potential to restore your civil rights, including the right to vote, particularly if it’s not your first felony. Sealing protects your privacy by preventing most employers, landlords, and agencies from seeing your record, but it won’t change your legal status or restore lost rights. Even more importantly, if you do both the Set Aside and Sealing Records then you will actually have proof your civil rights were restored and your case was removed from public view.

For those hoping to regain the right to vote after a felony, it’s important to first understand whether your rights have already been automatically restored. If not, pursuing a Set Aside or formal civil rights restoration is likely the best course. Once your rights are restored, sealing your record can help you move forward with confidence, without your past holding you back.

Final Thoughts

Your right to vote is more than just a legal status, it’s a powerful way to reclaim your place in the community and make your voice heard. If you’ve worked hard to put your past behind you, the law in Arizona provides multiple pathways to get there. Whether through a Set Aside or a formal petition to restore your rights, the opportunity to participate in democracy again is within reach for many.

Understanding the distinction between sealing a record and restoring rights is the first step toward a better future. If you’re unsure where you stand or what your options are, we’re here to help guide you with clarity and compassion. You’ve already come this far, let’s figure out the next step together.

Zachary Divelbiss, Lawyer
Future First Criminal Law