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Restoring Your Rights After a Conviction in Arizona

By:
Armando Nava

You might be aware that after a conviction, you lose certain civil rights. According to the Sentencing Project, over 6 million otherwise eligible voters in the United States no longer enjoy voting rights due to a felony conviction. As with many aspects of the justice system, African Americans are disproportionately affected by voter disenfranchisement, with 1 in 13 losing their voting rights compared to 1 in 56 non-black citizens.

Voter disenfranchisement laws have a serious effect on our democracy. Laws vary by state, and you should know that there are ways to restore your rights after a conviction in Arizona.

What Rights Are Lost After a Conviction?

If you are convicted of a felony in Arizona, you no longer have the right to:

  • vote
  • serve on a jury
  • hold public office
  • own or carry firearms

First-Time Felony Convictions

Your rights are automatically restored at the end of your probationary period, or upon unconditional discharge and payment of court-ordered fines. The exception is your right to bear arms. Even first-time offenders need to apply for these rights to be restored, and certain felony convictions require you to wait two years, ten years, or (for juveniles) until you turn 30.

More than One Felony Conviction

If you are convicted of a felony more than once, you need to seek out a pardon or judicial restoration. Since pardons are rarely granted in Arizona, it’s generally best to seek restoration of your rights from a judge. With the help of your attorney, you apply for judicial restoration from the court where you were sentenced. The process varies based on the type of felony and the type of sentence you served.

Certain felonies are also eligible for a judicial set-aside, which dismisses your charges after you serve your sentence. This restores your rights, but the conviction still “counts” as a predicate offense, meaning that if you are charged a second time, it will be considered a second offense.

With set-asides and restoration, there are rules based on specific charges, which your attorney should explain to you when reviewing your options.

After serving a sentence, there’s a lot on your mind. Helping you restore your rights should be on your attorney’s mind. Of course, ideally your attorney will help you avoid a felony conviction in the first place. Regardless of the outcome of your case, your attorney should do everything he or she can to protect your civil rights.

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PROVEN CASE RESULTS:
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Actuation:
Second in time DUI
Arizona desert outside phoenix, Sonoran Desert
Case Result:
Charge reduced with no jail

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Aggravated Assault with a Deadly Weapon
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Reduced to a misdemeanor

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Actuation:
Second in time DUI
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Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

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Not Guilty after jury trial

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Second in time DUI
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Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

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A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of out client’s case and, eventually, all cases connected to the political prosecution of the protesters. (Maybe link to some of the cases?)

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

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Assault & Disorderly Conduct – Domestic Violence
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A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Second in time DUI
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Charge reduced with no jail

We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.