Restoration of Rights / Setting Aside Convictions

Helping Arizona Residents Get Their Rights Back

A criminal record can hold a person back personally and professionally. Convicted felons often have difficulty obtaining good jobs, getting into schools, or even finding a place to live. Once a person completes their sentence, whether it be probation or imprisonment, an opportunity exists to clean up their criminal record. This process can be accomplished utilizing a good attorney. What are the different types of restoration of rights?

The following Arizona Statutes are utilized to accomplish this:

Automatic Restoration of Rights — A.R.S. § 13-912 — First-time felony offender’s civil rights, with the exception of the right to possess firearms, are automatically restored upon successful completion of their sentence. This includes payment of all fines and restitution.

Restoration of Rights — A.R.S. § 13-905 — Typically, a person whose term of probation has been completed may have his civil rights restored by a judge upon proper application. There may be further restrictions on the right to possess or carry a gun or firearm. A petition to the court will be necessary to restore your civil rights so that you can again vote and carry a gun. This is particularly important for people who feel it necessary to possess a firearm for protection purposes or for those who enjoy hunting.

Setting Aside Convictions — A.R.S. § 13-907 — This statute allows a court to set aside a judgment of a convicted person upon discharge of their sentence. Every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the courts, apply to the judge who pronounced sentence or imposed probation or such judge’s successor, to have the judgment set aside. Application must be made in writing before being considered by the court. If the judge grants the application, the court shall set aside the judgment of guilt, dismiss the accusations, and order the person released from all penalties except for penalties imposed relating to the use of a motor vehicle.

Certain criminal offenses may not be set aside per Arizona law. These offenses include convictions involving serious physical injury, a deadly weapon, sexual offenses or offenses in which the victim is under age 15.

Contact a Lawyer Today

For a free consultation with Burns, Nickerson & Taylor, contact us at (602) 264-5555 or send us an e-mail. For after hour emergencies, call (602) 320-1828.