13-908. Restoration of civil rights; application; firearm rights; definition

400 words·~2 min read·/az/title-13/13-908

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. On final discharge, a person who has previously been convicted of a felony or who has not paid all victim restitution that was imposed may apply to the superior court to have the person's civil rights restored. The restoration of civil rights is in the discretion of the judicial officer.

B. The person or the person's attorney or probation officer may file the application for the restoration of civil rights. The clerk of the court may not charge a filing fee for an application. The clerk of the court shall forward a copy of the application to the county attorney or attorney general.

C. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or a United States district court and whose period of probation has been completed may file the application for restoration of civil rights in the county in which the person now resides.

D. A person whose civil rights were lost or suspended as a result of a felony conviction in another state or a United States district court and who has received an absolute discharge from imprisonment in a prison in another state or a federal prison shall file the application for the restoration of civil rights in the county in which the person now resides. The restoration of civil rights is in the discretion of the judicial officer.

E. This section does not apply to a person's right to possess a firearm as defined in section 13-3101 if the person was convicted of any of the following:

1. A dangerous offense under section 13-704 or an offense committed outside the jurisdiction of this state that would be a dangerous offense under section 13-704 if committed in this state.

2. A serious offense as defined in section 13-706 or an offense committed outside the jurisdiction of this state that would be a serious offense as defined in section 13-706 if committed in this state.

F. If the person is not entitled to the restoration of firearm rights pursuant to this section, the court may order the restoration of the right to possess a firearm pursuant to section 13-910.

G. For the purposes of this section, "final discharge" means the completion of probation or the receipt of an absolute discharge from the state department of corrections, a prison in another state or the federal bureau of prisons.