What are the Different Types of Restoration of Rights?
Being convicted of a crime can affect you in both your personal and professional life. After completing their sentence, people usually have a difficult time finding good jobs, getting into schools and even finding a place to live. Restoration of Rights is an opportunity that exists for people who have completed their sentence that helps them clean up their criminal record. There are a few different types of Restoration of Rights that an attorney can help you achieve.
Automatic Restoration of Rights
For first time felony offenders, they get their civil rights automatically restored after they complete their sentence and have paid all of their fines and restitution. Unfortunately, this excludes the right to possess firearms.
Restoration of Rights
After a convicted offender completes their terms of probation, they may submit an application to a judge in order to have their civil rights restored. In order to regain the right to possess and carry a firearm they may have to make a petition to the court to restore their firearm rights. This is if they feel it necessary to possess a gun for protection or for hunting purposes.
Setting Aside Convictions
Setting Aside Convictions allows a court to set aside a judgement of a convicted person upon discharge of their sentence. Every person convicted of a criminal offence can apply to the judge who pronounced the sentence or the probation to have the judgement set aside. This is of course after they have fulfilled their sentence or terms of probation. If the judge grants the application the court can set aside the judgement, dismiss the accusations and order that the person be released from all penalties apart for motor vehicle penalties.
Offenses including convictions involving serious physical injury, a deadly weapon, sexual offenses or offenses in which the victim is under age 15 cannot be set aside.