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Restoring Your Civil Rights

 

Felonies & Misdemeanors: An Important Distinction

 

In Florida, criminal offenses are broken down into two separate categories.  Misdemeanor offenses are crimes that are punishable by fines, probation and the possibility of incarceration in the county jail.  The longest possible jail sentence on a misdemeanor charge is one year.

 

Felonies, on the other hand, are not only punishable by fines and probation, but allow for longer periods of incarceration that are served in the state prison system.  Depending on the nature of the felony charge, maximum terms of imprisonment can vary, from five years, all the way up to a life sentence. 

 

Whereas a conviction for a misdemeanor could subject an individual to incarceration, it is the felony conviction that results in the loss of one's civil rights.

 

Felony Convictions Cause the Loss of Civil Rights

 

Aside from the immediate consequences facing those who have been convicted of a felony charge, serious long-term ramifications can also develop.  Chief among these is the loss of civil rights that is caused whenever a person is convicted of a felony.  In Florida, this means that a convicted felon loses the right to vote, the right to own, use, or possess a firearm, and the right to serve on a jury.  In addition, losing your civil rights as a convicted felon can cause you to be deemed ineligible for certain occupational and professional licenses as well.

 

Florida's Approach to Limited Civil Rights Restoration (without Firearm Rights Restoration)

 

As of April, 2007, Florida Law provides for automatic restoration of civil rights by the Parole Commision, without the need for a hearing, in most circumstances.  Governor Crist pushed the clemency board, which is made up of the governor and the State's three Cabinet members,to give voting rights back to felons once they've completed their sentences.  The state has an enormous burden of reviewing hundreds of thousands of people who completed sentences before the rule change to make certain they are eligible.  Florida authorities estimate that about 515,000 people are potentially eligible for automatic restoration.  Reasons for not restoring rights include: (1) the person has died, (2) the person has moved from Florida, (3) the person has been arrested again, or (4) the person has not paid restitution to victims.  The State of Florida intends to send letters to the last known address of everyone whose rights have been restored.

 

If you believe that you are eligible for automatic civil rights restoration, but have not received correspondence, contact the Florida Office of Executive Clemency at 850-488-2952.

 

The Envelope Please...

 

If you are granted clemency by the Board, your civil rights will be restored to you.  You will receive a certificate that will serve as tangible proof that you have been awarded a restoration of your civil rights.  In addition, a letter from the Coordinator of the Executive Clemency Board will be issued to serve as further evidence of civil rights restoration.

 

Specific Authority to Own, Use, or Possess a Firearm

 

Automatic restoration of civil rights does not include the right to own, use, or possess a firearm.  However, the Executive Clemency Board will consider applications for restoration of these additional important rights.

 

How Can a Lawyer Help?

 

The application process for restoration of civil rights with specific authority to own, use, or possess a firearm involves several steps and requires close attention to detail and presentation.  An experienced attorney can make sure that the initial application is prepared professionally and in a way that clearly specifies your eligibility.  In addition, an attorney can work with you to build a personal portfolio that showcases your personal accomplishments, highlights your good character, and demonstrates the backing of members of the community, your family, and your friends.  A qualified lawyer can also insure that all necessary court documents are included with your application, so that the process works smoothly and without undue delay.

 

If it becomes necessary for you to travel to Tallahassee to appear at your hearing, an attorney familiar with the Executive Clemency Board process may be an effective advocate on your behalf.  With only a very limited amount of time available to present your application in the best possible light, it is crucial to have a clear and well-defined game plan for success.  Crafting such a strategy may help to show the Clemency Board members that you are remorseful about your past conduct, serious about your application, and dedicated to remaining a productive member of society.

 

The Executive Clemency Board Hearing

 

The Executive Clemency Board meets at least four times a year, in the months of March, June, September, and December.  However, the Governor may decide to convene a meeting of the Board to consider applications at any time.

 

At your hearing, you or your attorney will have a period of only ten minutes to concisely present your case for restoration of civil rights.  Any person or representative of an agency that was given notice of your application also has a right to attend and to make their views known at the hearing.  Given the brief period of time that is allotted for the hearing, it is important to use this occasion wisely and in the most effective manner possible.

  

Getting It Right the First Time

 

As this article has made clear, efforts to "undo" the ramifications of a Florida felony conviction with respect to the ability to own, use, or possess a firearm can be a complicated and time consuming process. Having an attorney on your side can be of great help and could possibly make a big difference in the ultimate result.

 

If you have lost your civil rights due to a felony conviction and are interested in pursuing the restoration of your right to own, use, or possess a firearm, call our office to schedule a free consultation.  We will talk with you further about your eligibility and how we can help.

 

Call us for a free consultation at (727) 578-0303

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Related Links:

 

• Felonies
• Avoiding Conviction
• Sealing or Expungment of Criminal Records

 

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Additional Resources:

 

Visit the State of Florida's Clemency Website