When Can a Felon Get Their Rights Back? A Guide to Arizona Law

TL;DR: Can I get my rights back?

Yes, Arizona law allows most people with a felony conviction to restore their civil rights. If you are a first-time offender, your right to vote, serve on a jury, and hold public office is restored automatically after you finish your sentence and pay all victim restitution. However, firearm rights always require a court application. If you have multiple convictions, you must wait until you are discharged and then petition the court. Hire Future First Criminal Law today to ensure your restoration is handled correctly.

What civil rights are lost after a felony conviction in Arizona?

A felony conviction in Arizona results in the suspension of several fundamental civil liberties. We see how this “civil death” impacts our clients’ ability to fully engage with their communities. Under Arizona law, specifically ARS § 13-904, a person convicted of a felony loses the right to vote in local, state, and federal elections. You also lose the right to serve as a juror and the right to hold public office or a position of trust.

Additionally, the right to possess or carry a firearm is revoked. This includes any deadly weapon, even for home defense or hunting. These rights do not simply disappear forever; they are suspended. Reclaiming them is a matter of meeting specific legal milestones and, in many cases, filing the right paperwork with the Superior Court. We prioritize helping you navigate these hurdles so you can regain your status as a full citizen.

When does the restoration process happen automatically?

Arizona is one of the states that offers automatic restoration for certain individuals. Under ARS § 13-907, if you have only one felony conviction on your record, anywhere in the country, your civil rights (voting, jury duty, and holding office) are restored automatically once you complete your sentence. This includes finishing probation or receiving an absolute discharge from prison.
There is one critical requirement that often surprises people: victim restitution. Your rights will not be restored, even automatically, until every dollar of court-ordered victim restitution is paid. Furthermore, “automatic” does not apply to firearm rights. Even for first-time offenders, the right to carry a gun is never restored without a judge’s signature on a formal application. We verify that your record reflects these changes so you can register to vote without complications.

How do I restore my rights if I have multiple convictions?

If you have been convicted of two or more felonies, you do not qualify for automatic restoration. The path forward involves filing an application with the Superior Court under ARS § 13-908. This process is discretionary, meaning a judge will review your history and decide if you have earned your rights back.

The timing depends on the nature of your sentence. If you were sentenced to probation, we can file the application as soon as you are discharged from that probation. However, if you were sentenced to prison, you must wait at least two years after your absolute discharge before you are eligible to apply. This waiting period is a time to demonstrate your rehabilitation to the court. We build a case that highlights your positive contributions to the community since your conviction.

Is the right to possess a firearm different from other rights?

Firearm rights are handled with a much higher level of caution than other civil liberties. In Arizona, the right to possess a weapon is never automatically restored, regardless of whether it was your first offense. You must always petition the court, and the waiting periods are strictly defined by the type of felony on your record.

For non-serious and non-dangerous offenses, we can usually apply for restoration two years after your final discharge from probation or prison. If your conviction was for a “serious offense” (such as aggravated assault or robbery), the law requires a ten-year waiting period. If your crime was classified as a “dangerous offense” involving a deadly weapon or intentional serious injury, you may be permanently barred from firearm ownership unless you receive a gubernatorial pardon. We carefully review your sentencing orders to determine the exact timeline for your specific case.

What is the difference between a “Set Aside” and restoration of rights?

A common point of confusion is the difference between restoring rights and clearing a record. Arizona does not have a traditional “expungement” law that erases a conviction. Instead, we use a process called a “Set Aside” under ARS § 13-905.

Restoring your rights simply gives you back your civic abilities, like voting. A Set Aside actually vacates the judgment of guilt and dismisses the charges. While the entry remains on your criminal record, it will be marked as “Set Aside by the Court.” This is a powerful tool because it shows employers, landlords, and licensing boards that you have successfully completed your rehabilitation and that a judge has acknowledged your second chance. We often handle both of these processes simultaneously to maximize the benefits for our clients.

How long does the application process take?

The legal process for rights restoration is not an overnight occurrence. Generally, once we file the application with the Clerk of the Superior Court, the process takes between 90 and 120 days. This period allows the County Attorney’s office to review the request and decide if they want to object.

The court will check your criminal history, ensure you have no pending charges, and verify that all victim restitution is paid. If there are no objections, the judge may sign the order without a hearing. If an objection is filed, we represent you in court to argue why your rights should be restored. We monitor the application at every stage to ensure it doesn’t get stuck in the system’s bureaucracy.

Can I restore my rights for a federal conviction in Arizona?

Federal convictions are governed by different rules than state convictions. If you were convicted in a federal court but now live in Arizona, we can petition an Arizona Superior Court judge to restore your state-level civil rights, such as your right to vote in Arizona elections.
However, it is important to understand that a state judge cannot “Set Aside” a federal conviction. Additionally, federal firearm rights are governed by federal statutes that are extremely difficult to overcome. In most cases, federal gun rights can only be restored through a Presidential Pardon. We focus on restoring every right possible under Arizona law to help you regain your status in your current home state.

Why is victim restitution the most important factor?

In the eyes of the Arizona court system, your rehabilitation is incomplete as long as a victim is still owed money. Restitution is a mandatory prerequisite for rights restoration. If you have an outstanding balance, the court is legally required to deny your application in almost all circumstances.

We help our clients track down their remaining balances and verify that all payments have been correctly applied to their case numbers. While other court fines or fees might not always block a restoration, victim restitution is a hard line that judges will not cross. We ensure this hurdle is cleared before we ever file your petition to avoid a guaranteed denial.

How does rights restoration help with employment?

Restoring your rights is a major step toward professional stability. Many professional licenses in Arizona, including those for nursing, real estate, and contracting, require an applicant to be in “good standing.” Having your civil rights restored and your conviction set aside provides concrete evidence of your rehabilitation.

While a conviction may still appear on a background check, showing a court order that restores your status as a full citizen can make a significant difference. It signals to potential employers that you have taken responsibility for your past and that the state has officially recognized your reintegration into society. We believe your past should not be a permanent barrier to your career goals.

Conclusion

Reclaiming your voice and your rights is one of the most important steps you can take after a conviction. Whether you are seeking the automatic restoration of your voting rights or a complex petition for firearm restoration, the law provides a clear pathway. You don’t have to navigate these statutes or the court system on your own.

We take the stress out of the process by handling the filings, the communication with the state, and the arguments before the judge. Your future deserves a clean slate and a second chance. If you are ready to take back what was lost, hire Future First Criminal Law today.

Frequently Asked Questions (FAQ)

Q: If I have felonies in two different Arizona counties, where do I file?

A: You must generally file a separate application in each county where a conviction occurred. For example, if you have a conviction in Maricopa County and another in Pinal County, both courts must issue their own orders to fully restore your rights.

Q: Can I vote immediately after my rights are restored?

A: Once the court grants the restoration, you are legally eligible to vote. However, you must submit a new voter registration form to the County Recorder. The court order makes you eligible, but it does not automatically re-enroll you in the voting system.

Q: Does a Set Aside remove my name from the sex offender registry?

A: No. A Set Aside does not remove the requirement to register as a sex offender. In fact, many offenses that require registration are not eligible to be set aside under Arizona law.

Q: What is an “Absolute Discharge” certificate?

A: This is an official document from the Department of Corrections or the court stating that you have completed all terms of your sentence, including any period of parole or community supervision. It is a vital piece of evidence for your restoration application.