Arizonas LGBTQ Democrats

Restoration of Civil Rights in Arizona:

The majority of the following text courtesy ACLU of Arizona.

"What rights are lost when a person is convicted of a felony?

A felony conviction suspends a person’s civil liberties. The person loses the right to vote, the right to hold public office of trust or profit, the right to serve as a juror and right to possess a gun. A felony conviction may also prevent a person from obtaining business and professional licenses, government secured loans and housing.
 

Can a person restore their Civil Liberties?

A person’s civil liberties may be restored. A person with only one Arizona felony conviction, whose civil rights were lost or suspended, had their rights automatically restored upon completion of a term of probation, or receipt of an absolute discharge from imprisonment if the person paid all imposed fines or restitution. However, this does not apply to the right to possess a weapon. To restore the right to possess a weapon the person must file an application with Superior Court in the county where you were convicted. A person with two or more Arizona felony convictions must file the applications to restore their civil liberties with Superior Court in the county where you were convicted. A separate application will be required for each felony criminal case.
 

What if my felony conviction was in another state?

A person wishing to restore their civil liberties must do so in the state in which the felony conviction occurred. Many states automatically restore a person’s civil liberties upon completion of probation or discharge from the department of corrections. A person should contact the state in which the conviction occurred to obtain information regarding the restoration process
 

What if I was convicted of a felony in federal court?

A person convicted of a felony in federal court may apply to restore their civil liberties in the county in which they currently reside. However, the state may not restore the person’s right to possess a fire arm or have their judgment of guilt vacated/set aside.
 

How do I know if I am eligible to restore my rights?

If you only had one Arizona felony your rights were restored upon completion of probation or absolute discharge from the Department of Corrections as long as all fines and restitution were paid. However, to ensure that the court informs the elections office that you are eligible to vote you should file an application to restore your civil liberties. Also, the court will not set aside a judgment of guilt without an application. If you have two or more felonies in Arizona you may apply to restore your civil liberties upon completion of probation or two years from your absolute discharge as long as all your fines and restitution were paid.
 

What is setting aside judgment?

Upon completion of probation or sentence and discharge by the court a person may file to have their judgment set aside. Setting aside a judgment releases the citizen from all penalties and disabilities resulting from the conviction. Setting aside judgment does not seal or expunge ones record. The record is still accessible to the public. However, the record will have a notation stating that the judgment has been set aside. Some employers are more likely to view the setting aside of a judgment favorably. The setting aside of a judgment lets the employer know that the court is satisfied that the person has been rehabilitated. The setting aside of judgment does not apply to Department of Motor Vehicle records or Game and Fish. A felony that has been set aside may be used at a subsequent trial as a prior felony conviction. Persons convicted of criminal offenses involving infliction of serious physical injury, exhibition or use of a weapon, sexual motivation or a victim under fifteen may not have their judgment vacated.

 

Where can I get an application?

Go to the Superior Court website in the county where you were convicted and look for: ServiceCenter/ Forms/CriminalCases. This will take you to the Criminal Court forms, and you will want to click on “Requesting the Restoration of Civil Rights Form”. This is the application you will need to complete this process. You may also pick up an application in person at the courthouse. Carefully read over the form to ensure you know what information the form is requesting.
FORMS FOR MOST ARIZONA COUNTIES CAN BE FOUND BELOW.
 

Where do I get a copy of my Absolute Discharge?

Certificate of Absolute Discharge from the Department of Corrections may be obtained by writing or visiting the Arizona Department of Corrections, 1601 W Jefferson, M/C 112, Phoenix, AZ 85007 and requesting the records. The information will be mailed in three to six weeks."

Absolute Discharges from the Federal Bureau of Prisons may be obtained at the clerk’s office of the United States District Court, 401 W Washington, Phoenix; 123 N. San Francisco St, Flagstaff; 405 W Congress St, Tucson; Prescott Valley Courthouse, 325 W 19th St, Suite A, 3001 N Main St, Prescott Valley; or 325 W 19th St, Yuma AZ 85364. The person may wish to contact the restoration clerk at 602-506-4949 to assist with a federal conviction."
 

Once I complete the application, then what?

After you have received your Certificate of Absolute Discharge from the Arizona Department of Corrections or Absolute Discharge from the Federal Bureau of Prisons (should you have needed one) download the forms/packets from the list below to have your sentence set aside. Mail or deliver the forms along with any DOC discharge form/s to the Clerk of the Court for the County in which you were sentenced. They will record the documents and set a court date at which the court will review your request for set aside/restoration of rights.
 
If the Court denies your application the court will provide you with the reason for the denial. You may file an application for reconsideration.
 
FORMS
 
 
CLERKS OF THE COURT/CONTACT INFORMATION/FURTHER INFO.
APACHE: COCHISE:
Information Information
Apache County Clerk of the Court Cochise County Clerk of the Superior Court
PO Box 365 100 Quality Hill Road
St. Johns, AZ 85936 BisbeeAZ 85603
Telephone: (928) 337-7550 Telephone: (520)-432-8600
Fax: (928) 337-2771 Fax: (520) 432-8570
clerkofcourt@apacheclerk.net mdunlap@courts.az.gov
   
COCONINO: GILA:
Information Information
Coconino County Clerk of the Superior Court Gila County Clerk of the Superior Court
200 N San Francisco  714 S Beeline Hwy
Flagstaff, AZ 86001  Payson, AZ 85541
Telephone: (928) 679-7600 Telephone: (928) 402-8866
Fax: 877-679-7120 GilaCadmin@courts.az.gov
   
GRAHAM: GREENLEE:
Information Greenly County Clerk of the Superior Court
Graham County Clerk of the Superior Court 223 Fifth St
800 W Main Street P.O. Box 1027
SaffordAZ 85546 Clifton, AZ 85533
Telephone: (928) 428-3100 Phone: (928) 865-4242
Fax: (928) 428-0061 Fax: (928) 865-5358
snewton@graham.az.gov msalaza2@courts.az.gov
   
LA PAZ: MARICOPA:
La Paz County Clerk of the Superior Court Information
1316 Kofa Ave., Suite 607 Maricopa County Clerk of the Superior Court
Parker, Arizona 85344 175 West Madison St.
Telephone: (928) 669-6131 Phoenix, AZ 85003
Fax: (928) 669-2186 Telephone: (602) 506-5879
  Fax: (602) 506-6078
  jury@superiorcourt.maricopa.gov
   
MOHAVE: NAVAJO:
Information Navajo County Clerk of the Superior Court
Mohave County Clerk of the Superior Court P.O. Box 668
401 E. Spring Street Holbrook, AZ 86025
PO Box 7000 Telephone: (928) 524-4188
Kingman, AZ 86402 Click here for Email form.
Telephone: (928) 753-0713  
clerkofcourt@mohavecourts.com  
   
PIMA: PINAL:
Information Information
Pima County Clerk of the Superior Court Pinal County Clerk of the Superior Court
110 West Congress St PO Box 2730
Tucson, Arizona 85701-1317 Florence, AZ 85132
Telephone: (520) 724-3200 Telephone: (520) 509-3555
Fax: (520) 724-3531  Fax: (520) 866-5320
COC_CriminalWeb@coc.pima.gov  
   
SANTA CRUZ: YAVAPAI:
County Clerk of the Superior Court Information
P.O. Box 1265 Yavapai County Clerk of Superior Court
Nogales, AZ 85628 120 South Cortez Street,
Telephone: (520) 375-7700 Prescott, AZ 86303
Fax: (520) 375-7703 Telephone: (928) 771-3312
  Fax: (928) 777-3022
   
YUMA:
Information
Yuma County Clerk of the Superior Court
250 W. 2nd Street
Yuma, AZ 85364
 Telephone: (928) 817-4210 
Fax: (928) 817-4211
lfazz@courts.az.gov
 

My Felony was dropped to a Misdemeanor, but background checks are still showing that I have a felony. Why?

It appears that the state does not forward the information regarding a person’s Class 6 designation from a felony to misdemeanor to anyone. This means that when background checks are done, the charges are still showing as felonies. You need to make copies of your designation form and write a note asking the following entities to please change the information in their databases. The three (3) entities that need to be contacted about this issue are:

Maricopa County Sheriff's Office Arizona Department of Public Safety
550 West Jackson Street PO Box 6638
Phoenix, AZ 85003 Phoenix, AZ 85005-6638

Note: To ensure proper and faster routing of mail inquiries please write the department or subject relating to your inquiry on the outside of your envelope. They will send you an application that you will need to fill out.

Federal Bureau of Investigation
935 Pennsylvania Ave, NW
Washington, DC 20535
User of this information accepts all liability and responsibility.

 

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