Everyone knows a felony conviction carries prison time. Lesser known is that once you are released from prison, your punishment continues. The second that you are convicted of a felony, you are stripped of certain rights, rights that in some cases are never restored. Even worse, you may face further punishment for trying to exercise rights that you may not have known you lost. Thus, understanding what rights have been removed and what you still retain is important in ensuring you can return to a normal life in society.

What Rights Do Felons Lose?

There are several civil rights that are altered when you receive a felony conviction. In Arizona you no longer have the right to:

• Vote
• Serve on a jury
• Obtain a commercial driver’s license
• Possess a gun
• Join the U.S. armed forces
• Receive education grants and loans for at least one year

Further, as a felon you may lose other benefits that you had previous access too. Such as:

• Ability to obtain food stamps and social security benefits
• Public housing

State employment and professional licensing will also be affected. You may be denied employment or a license, permit, or certificate to engage in certain profession or occupations if the convicted offense is reasonably related to the employment or occupation. Some of those licenses include:

• Chiropractor
• Cosmetologist
• Funeral director and/or embalmer
• Livestock inspector
• Massage therapist
• Permits and Distribution of Drugs
• Pest Control
• Pharmacy Tech
• Podiatrist
• Real Estate licenses

Lastly, if you are a parent then your child custody rights and parental status may be affected. If you committed a crime against a child, the court may then order a severance of your child without requiring that CPS provide efforts to rehabilitate the relationship. These are harsh penalties that last long after your time in prison.

Restoring Your Rights

You should seek to restore every single right you have lost. If you are unsure about whether restoration is worth the time and hassle, remember that you have lost the one right that makes you American. The right to right to vote. Wars and amendments to the Constitution were fought over to ensure every citizen possessed the right to vote. As a felon this is stripped away from you. According to the Sentencing Project, as of 2016, 6.1 million American are disenfranchised (without the right to vote) because of felony convictions. This disenfranchisement has changed elections, state and nationally. Therefore, the removal of the right to vote is a costly punishment that will directly affect your entire life and future. You should be motivated to take back that right. However, taking back that right is not simple. Some states have extreme felon voting rights restrictions. Arizona is one of those extreme states.

But do not quit yet. In 2019, Arizona passed House Bill 2080 which substantially revised the restoration of civil rights for felony offenders. Now for first time felons, all civil rights, besides those rights relating to firearms, are automatically restored upon the completion of the term of probation, or upon an unconditional discharge from prison, and payment of restitution and fines.

For a person with multiple felony convictions or who has not paid any victim restitution, the process of restoring your rights gets muddier. In this situation, you may apply to a court to have your rights restored in two ways.

The first is on “final discharge.” Final discharge is defined as, the completion of probation or the receipt of an absolute discharge from the Arizona Department of Corrections (DOC). After absolute discharge from DOC, you must wait at least two years to file an application for civils rights restoration. However, doing all this does not guarantee a restoration of your rights. It is up to the discretion of the judicial officer reviewing your application. If your application is rejected, the officer must state its reasons for denial in writing.

The second way to restore your rights is through a “set-aside.” A successful set-aside will restore all your rights and removes all penalties and disabilities resulting from the conviction. If the committed felony is non-serious, this will include your firearm right. A set-aside allows you to have the charges against you dismissed. Before applying for a set-aside, it is required that you complete all of probation or your sentence and have been discharged by DOC. Additionally, a set-aside is not available for people convicted of offenses involving infliction of serious physical injury, use of deadly weapon, a victim less than 15 years old, some traffic laws, or a sexual offense.

Importantly, set-asides do not seal or expunge a conviction. If you are asked if you have been convicted, like in some insurance applications, you still must report the conviction. Likewise, you may face certain driving restrictions depending on your situation. Legally, if you are charged with a subsequent crime your conviction may be used as a predicate offense, element to an offense, and if required, you still must register as a sex-offender. Understanding the ins-and-outs of a set-aside in relation to your case can be a difficult and confusing process. Therefore, it is highly recommended that you seek out an attorney that understands what is required in a set-aside.

Felony in Another State?

If you have a felony from another state, you must restore your rights in that state. Some states automatically restore your rights upon completion of probation or release from the state’s department of corrections. Therefore, if you have a felony conviction in a separate state, you should contact that specific state to find out what that state’s restoration process entails.

What About a Federal Felon?

Unlike some states, when you lose your rights as the result of a federal felony conviction your rights are not automatically restored. Instead, you apply for a restoration of rights in the superior court of your county of residence. So, if you are a resident of another state outside of Arizona, you must apply in that state. Like the state restoration process, restoration is up to the court’s discretion, and it must give reasons for a denial. Lastly, your federal felony cannot be set-aside by the state nor can the state restore your right to possess a fire arm.

Firearm Restoration

Once you have been convicted of a felony, you lose the right to possess a firearm. In most cases, you cannot restore that right through a final discharge or set-aside. Rather, you must file a separate firearm restoration application. To be eligible for a firearm restoration depends a lot on what you were convicted for. If you had a non-serious felony conviction, you must wait for two years after discharge to apply. For serious offenses (common law felonies, crimes against children, and sexual offenses) you must wait at least ten years to be eligible. Felons convicted of a dangerous offense – like offenses involving a deadly weapon or infliction of serious physical injury – can never apply for judicial firearm restoration. In this case, your only recourse is to seek a pardon. Persons with federal convictions may regain their firearms rights only through a presidential pardon.

Let Us Help

Being a felon in today’s society is extremely difficult. However, you have rights and are a valuable member of society. Navigating the legal world after release and ensuring you are receive those rights requires a team of highly experienced lawyers that can achieve the best result possible. Let Mesa Criminal Lawyer’s criminal lawyers and their knowledge of Arizona law guide you through the process. Any legal battle ahead will be led by strong representation and diligence.