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This page was designed to help our clients better understand our Arizona civil rights restoration and Firearm rights restoration services. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
Simply click on a question to see its answer:
Yes, we can file for your civil rights to be restored even if the case was in federal court. (ARS 13-909)
Yes, if your case is set aside then your civil rights are restored. Please see the section on setting aside the conviction.
We can research your case with the court to see if your civil rights were restored upon completion of your sentence. We charge a researching fee, which we apply to the total cost of any service you sign up for.
We just have to file for a civil rights restoration in one petition, because the restoration will apply to you as a person and not a specific case.
No, you have to file separately with the court to also have your gun rights restored. We can, however, file for firearm rights restoration at the same time as civil rights restoration. We can provide a discount if you sign up for them at the same time. Please see the section on Arizona firearm restoration.
You will receive a court order restoring your civil rights. The court clerk will then send the order to the state.
In Arizona, you may serve on a jury if you: (1) are at least eighteen years of age, (2) are a United States citizen, (3) are a resident of the jurisdiction in which you are summoned to serve or your name and address appears on the master jury list as presumed to be a member of said jurisdiction, (4) have never been convicted of a felony, unless your civil rights have been restored to you, (5) have not been adjudicated mentally incompetent or insane. (A.R.S. § 21-201)
If you have been convicted of a felony, upon absolute discharge of your conviction you have the right to submit an application to withdraw your plea of guilty and restore your civil rights so that you may serve on a jury. (16A A.R.S. Rules Crim. Proc., R. 29)
(http://government.westlaw.com/linkedslice/default.asp?RS=GVT1.0&VR=2.0&SP=AZR-1000&Action=Welcome)
You will receive an order signed by the judge restoring your gun rights. The court will update their records and send the order onto the state agencies/database.
It is important to realize that the State of Arizona and the federal government each have their own separate bans against firearm possession by those who have been convicted of a felony and certain misdemeanors. 18 USC § 921(a)(2) and § 922(g)(prohibits firearm possession by anyone convicted of a felony, a misdemeanor involving domestic violence, or a misdemeanor offense that carries a maximum punishment of more than two years); Ariz. Rev. Stats. § 13-912 (persons convicted of a felony, even a first felony, are prohibited from possessing a firearm unless his or her gun rights have been restored through the procedure under ARS 13-905 or 13-906). Therefore, in order to legally possess a firearm in Arizona, you must ensure that your gun rights have been restored under both state and federal law.
If your conviction was for an Arizona state offense, then having your firearm rights restored by an Arizona state court should also remove the federal ban against you for that conviction, provided that your other basic “civil rights” in Arizona (meaning the right to vote, to serve on a jury, and to hold public office) have also been restored. Logan v. United States, 552 U.S. 23 (2007)(unanimous decision ruling that in order for the federal ban on a convicted felon to be lifted, the person’s “civil rights” along with his gun rights must be restored in the state where the conviction occurred; “civil rights” must at a minimum include the right to vote, to serve on a jury, and to hold public office).
However, if your conviction was for a federal offense (i.e., you were convicted in federal court rather than state court), then having your gun rights restored by an Arizona state court will not likely remove the separate federal ban against you. Although the law on this is not entirely clear, the US Supreme Court has ruled that even federal courts do not have the authority to restore firearms to federally convicted felons. United States v. Bean, 537 U.S. 71 (2002). It has also ruled in a separate case that in a person with a federal conviction must have his or her civil rights (including firearm possession rights) restored under federal law in order to lift the federal gun ban.
Thus, although Arizona state law purports to permit its courts to restore civil rights and gun rights even to federally convicted felons (Ariz. Rev. Stats. § 13-909 purports to allow Arizona superior courts to restore civil rights and firearm possession rights to those convicted in federal court – in the US District Court, District of Arizona), it is unlikely that an Arizona state court order that restores gun rights to a person with a federal conviction would be enforceable against the federal government.
The court updates their records within 48 hours. The Arizona Department of Public Safety (DPS) has up to 30 days to update their records; however, they typically updates their records before the 30 days expire.
Determining an individual case's chance of success is difficult to say without researching your case. We can do a preliminary evaluation for a small fee, which we will apply to the total cost of the service if you wish to go forward.
There is a Federal law (the Lautenberg Amendment), which provides that there is a lifetime ban on firearm ownership for those convicted of misdemeanor domestic violence as defined by federal law. The federal definition is different than Arizona’s definition. If you would like us to evaluate your case and determine if the federal ban will apply against you, then we can do so for a small fee. If you then sign up for firearm rights restoration, then the researching fee will be applied to the total cost.
Yes.
If your felony was not a "serious offense," a set aside of your conviction will automatically restore your firearm rights and you will not need the firearm restoration in addition to the set aside. "Serious offenses" under Arizona law are: first degree murder, second degree murder, manslaughter, aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, sexual assault, any dangerous crime against children, arson of an occupied structure, armed robbery, burglary in the first degree, kidnapping, sexual conduct with a minor under fifteen years of age, child prostitution. (ARS 13-907; ARS 13-706).
If you were convicted of a "serious offense," we offer a discount on the gun rights restoration if you sign up for a set aside and gun rights restoration at the same. However, if you were convicted of a Federal offense, while you may be eligible to restore your firearm rights, you would not be eligible to set aside a federal conviction.
Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) the judge wants to see more time pass since you were released from probation, or (3) the nature of the offense.
Possibly. However, you must reside in Arizona. (ARS 13-909 and 13-910) Please take the free online eligibility test to determine if you are eligible.
If you have multiple felony convictions, then we must file for each case separately; however, we do offer discounts for multiple cases.
To determine if you are eligible to have your firearm rights restored, we must evaluate the laws of each state. If you would like us to evaluate your case and determine if restoration is possible given the different state laws involved, then we can do so for a small fee. If you then sign up for firearm rights restoration, then the researching fee will be applied to the total.
To determine if you are eligible to have your firearm rights restored, we must evaluate the laws of each state. If you would like us to evaluate your case and determine if restoration is possible given the different state laws involved, then we can do so for a small fee. If you then sign up for firearm rights restoration, then the researching fee will be applied to the total.
We are unable to offer a money-back guarantee on our restoration services in Arizona, because the process involves a substantial amount of work and sometimes several appearances in court by our attorneys. We are unable to offer a money-back guarantee and also provide such low prices for our services at the same time.
Most restoration cases take approximately four to five months. However, each case is different, and the circumstances surrounding your case, whether the District Attorney objects and the amount of time that has passed since the incident can all impact how long the process takes. We work as fast as we can on our end and will assist the court and District Attorney with anything they need to get your case decided as quickly as possible. Maricopa County is currently taking approximately six months or more.
The courts work on a first-come, first-served basis, and the sooner you get the process started, the sooner your rights can be restored.
No, we will appear in court for you. If the court does request your presence, but you are unable to attend, we will file a motion requesting your appearance be excused.
Hiring an attorney is always in your best interest. Your attorney will (1) make sure the process is done correctly the first time to have the highest chance of success and prevent unnecessary delays, (2) handle objections from the District Attorney, and (3) attend court proceedings to argue the case if necessary.
If your application is denied, we evaluate the reason for the denial and the best way to proceed. The options may include refilling immediately with more information or allowing more time to pass until you refile.
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