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Restoring Your Right to Vote

Nov 8, 2021 | Right to Vote

If you are convicted of a felony in Arizona, the consequences can include more than prison, fines, and probation. Under A.R.S. 13-904, numerous rights you previously enjoyed as a citizen will be “suspended” as a result of the conviction.

Which rights are suspended after a felony conviction?

It will come as a surprise to most people how many rights we are talking about. They include, among others,

  • The right to vote.
  • The right to serve on a jury.
  • The right to possess a gun.
  • The right to hold public office.

The next question is how, if at all, can these rights be restored?

Restoration of civil rights after a conviction

The restoration process differs depending upon the circumstances. In some cases, it is automatic, but in other it will require an application (or multiple applications). Here is a brief summary of some of the restoration laws:

  • One felony conviction. Under A.R.S. 13-907, First offenders will automatically have their right to vote restored after “final discharge.” This is defined as completion of their prison sentence or probation, or receipt of an absolute discharge from the government. The automatic provision of the statute does not apply to the right to possess a firearm.
  • Two or more felony convictions, after incarceration served. In this case, you must wait two years to apply for a restoration of your rights. The judge has discretion as to whether your rights should be restored. If you had multiple convictions in multiple courts, you would need to file a separate application in each of the courts.
  • Two or more felony convictions, after probation served. In this case, the two-year waiting period does not apply. You will have to pay all your fines and restitution, then apply to the court for restoration.
  • Federal vs. state felony convictions. The same general rules apply if your conviction involved a federal crime.
  • Convictions in other states. Restoration of rights forfeited due to felony convictions in other states will be governed by the states where those convictions took place.

Obviously, the procedure for restoration of your civil rights after a felony conviction can be complicated. Call us if you have any questions.

Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028