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"What
rights are lost when
a person is
convicted of a
felony? |
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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. |
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Can a person restore
their Civil
Liberties? |
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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. |
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What if my felony
conviction was in
another state? |
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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 |
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What if I was
convicted of a
felony in federal
court? |
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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. |
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How do I know if I
am eligible to
restore my rights? |
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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. |
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What is setting
aside judgment? |
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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. |
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Where can I get an
application? |
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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. |
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FORMS FOR MOST
ARIZONA COUNTIES CAN
BE FOUND BELOW. |
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Where do I get a
copy of my Absolute
Discharge? |
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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." |
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Absolute
Discharges
from the
Federal
Bureau
of
Prisons
may be
obtained
at the
clerk’s
office
of the
United
States
District
Court:
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401 W Washington, Phoenix |
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123 N. San Francisco St, Flagstaff |
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405 W Congress St, Tucson |
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Prescott Valley Courthouse, 325 W 19th St, Suite A |
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3001 N Main St, Prescott Valley |
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325 W 19th St, Yuma |
You may wish to contact the restoration clerk at 602-506-4949 to assist with a federal conviction. |
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Once I complete the
application, then
what? |
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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. |
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If the Court denies
your application the
court will provide
you with the reason
for the denial. You
may file an
application for
reconsideration." |
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FORMS |
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CLERKS
OF THE COURT/CONTACT
INFORMATION/FURTHER
INFO. |
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APACHE: |
COCHISE: |
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Information |
Information |
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Apache
County
Clerk of
the
Court |
Cochise
County
Clerk of
the
Superior
Court |
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PO Box
365 |
100
Quality
Hill
Road |
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St.
Johns,
AZ 85936 |
Bisbee, AZ 85603 |
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Telephone:
(928)
337-7550 |
Telephone:
(520)-432-8600 |
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Fax:
(928)
337-2771 |
Fax:
(520) 432-8570 |
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clerkofcourt@apacheclerk.net |
mdunlap@courts.az.gov |
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COCONINO: |
GILA: |
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Information |
Information |
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Coconino
County
Clerk of
the
Superior
Court |
Gila
County
Clerk of
the
Superior
Court |
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200 N
San
Francisco |
714 S
Beeline
Hwy |
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Flagstaff,
AZ
86001 |
Payson,
AZ 85541 |
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Telephone:
(928) 679-7600 |
Telephone:
(928)
402-8866 |
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Fax:
877-679-7120 |
GilaCadmin@courts.az.gov |
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GRAHAM: |
GREENLEE: |
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Information |
Greenly
County
Clerk of
the
Superior
Court |
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Graham
County
Clerk of
the
Superior
Court |
223
Fifth St |
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800 W
Main
Street |
P.O. Box
1027 |
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Safford, AZ 85546 |
Clifton,
AZ 85533 |
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Telephone: (928)
428-3100 |
Phone:
(928)
865-4242 |
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Fax:
(928)
428-0061 |
Fax:
(928)
865-5358 |
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snewton@graham.az.gov |
msalaza2@courts.az.gov |
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LA PAZ: |
MARICOPA: |
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La Paz
County
Clerk of
the
Superior
Court |
Information |
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1316
Kofa
Ave.,
Suite
607 |
Maricopa
County
Clerk of
the
Superior
Court |
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Parker,
Arizona
85344 |
175 West
Madison
St. |
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Telephone:
(928)
669-6131 |
Phoenix,
AZ 85003 |
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Fax:
(928)
669-2186 |
Telephone: (602)
506-5879 |
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Fax:
(602)
506-6078 |
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jury@superiorcourt.maricopa.gov |
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MOHAVE: |
NAVAJO: |
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Information |
Navajo
County
Clerk of
the
Superior
Court |
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Mohave
County
Clerk of
the
Superior
Court |
P.O. Box
668 |
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401 E.
Spring
Street |
Holbrook,
AZ 86025 |
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PO Box
7000 |
Telephone: (928) 524-4188 |
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Kingman, AZ 86402 |
Click here for Email form. |
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Telephone: (928) 753-0713 |
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clerkofcourt@mohavecourts.com |
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PIMA: |
PINAL: |
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Information |
Information |
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Pima
County
Clerk of
the
Superior
Court |
Pinal
County
Clerk of
the
Superior
Court |
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110 West
Congress
St |
PO Box
2730 |
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Tucson,
Arizona
85701-1317 |
Florence,
AZ 85132 |
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Telephone:
(520)
724-3200 |
Telephone:
(520)
509-3555 |
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Fax:
(520)
724-3531 |
Fax: (520)
866-5320 |
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COC_CriminalWeb@coc.pima.gov |
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SANTA
CRUZ: |
YAVAPAI: |
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County
Clerk of
the
Superior
Court |
Information |
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P.O. Box
1265 |
Yavapai
County
Clerk of
Superior
Court |
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Nogales,
AZ 85628 |
120
South
Cortez
Street, |
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Telephone:
(520)
375-7700 |
Prescott,
AZ 86303 |
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Fax: (520)
375-7703 |
Telephone: (928)
771-3312 |
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Fax: (928)
777-3022 |
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YUMA: |
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Information |
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Yuma
County
Clerk of
the
Superior
Court |
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250 W.
2nd
Street |
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Yuma, AZ
85364 |
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Telephone:
(928)
817-4210 |
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Fax:
(928)
817-4211 |
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lfazz@courts.az.gov |
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My Felony was
dropped to a
Misdemeanor, but
background checks
are still showing
that I have a
felony. Why? |
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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: |
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Maricopa
County
Sheriff's
Office |
Arizona
Department
of
Public
Safety |
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550 West
Jackson
Street |
PO Box
6638 |
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Phoenix,
AZ 85003 |
Phoenix,
AZ
85005-6638 |
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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. |
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Federal
Bureau
of
Investigation |
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935
Pennsylvania
Ave, NW |
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Washington,
DC 20535 |
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User of this
information accepts
all liability and
responsibility.
Special thanks to
the
ACLU of
Arizona. |
Mailing
Address: P.O. Box 87222, Tucson, Arizona 85754 | Phone:
[520] 481-4118 | Email: info@stonewalldemsaz.org