Gilbert Rights Restoration Lawyer

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A felony conviction can result in significant fines and jail time, as well as a suspension of many rights and civil liberties. Under Arizona Revised Statutes 13-904, a convicted person loses their right to vote, occupy a public office, serve as a jury member, and own a firearm. Additionally, a felony record can also make it challenging to get professional licenses and government-backed loans and housing.

However, with the help of a Gilbert rights restoration lawyer, you may be able to restore many of your civil liberties lost due to conviction. At the Grand Canyon Law Group, our dedicated attorneys are ready to work with you to fight for your rights and protect your way of life.

RESTORING CIVIL RIGHTS AFTER CONVICTION

Before a convicted party can seek restoration of their rights, they must first serve the totality of their sentence. Subject to Arizona Revised Statutes 13-907, if a person only has one felony conviction in Gilbert, they may recover their rights upon completion of their punishment.

However, anyone with multiple convictions will need to have their conviction “set aside.” Under Arizona Revised Statutes 13-908, a convicted party, their rights restoration attorney, or their probation officer may file a set aside application with the Gilbert courts. However, meeting the requirements to set aside a conviction can be difficult, requiring help from a skilled rights restoration lawyer.

WHICH CASES QUALIFY TO BE SET ASIDE IN GILBERT?

Qualifications for a case to be set aside are detailed under Arizona Revised Statutes 13-905. For one, a motion to set aside a criminal conviction cannot be filed before a sentence is complete.

Furthermore, ARS 13-905 states that the following types of convictions are ineligible to be set aside:

  • Dangerous crimes
  • Crimes involving sexual motivation
  • Crimes involving injured parties under the age of 15
  • Crimes that require the convicted party to register as a sex offender

Additionally, the court will weigh factors related to the crime itself, the age of the convicted party at the time of commission, and other relevant information. A local rights restoration attorney can review a case and provide guidance on relevant factors that may sway a court to look favorably on the motion.

GUN RIGHTS NEVER RESTORE AUTOMATICALLY

Most rights are restored automatically when a first-time offender serves their sentence. However, firearms rights are never restored automatically. While gun rights may be restored once a conviction is set aside, any other circumstance requires a convicted party to seek gun rights restoration.

Furthermore, under Arizona Revised Statutes 13-910, a person who is convicted of a dangerous crime, violent crime, or any felony violation must wait two years from their final discharge date to apply for the restoration of their ability to possess, own, or carry a firearm. A convicted party must also pay any outstanding restitution before application.

Gun rights restoration hinges entirely upon the discretion of the court. The ruling judge has the sole power to choose to deny or approve a person’s petition. A seasoned civil liberties restoration lawyer can assist a convicted party with filing a motion to recover their gun rights.

CALL A GILBERT ATTORNEY TO HELP RESTORE YOUR RIGHTS

Restoring lost civil rights is an essential step toward reacclimating to society and reclaiming your life. Various legal nuances make it difficult to restore your rights, but the skilled attorneys at the Grand Canyon Law Group can help you navigate the process.

Call a Gilbert rights restoration lawyer today to discuss your situation. In an initial consultation, our legal team can help you understand your legal options and determine an effective course of action.