Restoration of Civil Rights in Arizona After Felony Discharge

In Arizona, restoration of civil rights after a felony happens one of two ways: automatically for most first-time offenders who finish their sentence and pay restitution, or by petition to the superior court for everyone else. The restored rights are voting, holding public office, and serving on a jury. Firearm rights run on a separate track with waiting periods and, in some cases, a permanent bar.

Automatic Restoration After a Single Felony

Arizona Revised Statutes § 13-907 restores civil rights automatically to anyone convicted of one felony once they complete probation or receive an absolute discharge from prison and have paid all victim restitution. No application, no hearing, no filing fee.¹

At sentencing, the court must tell each defendant in writing whether they qualify for automatic restoration and, if not, when they can apply. The Department of Corrections is required to give a copy of the sentencing order to each person discharged from prison. Hold onto that paperwork. It is the proof of restoration if a county recorder, employer, or firearms dealer ever asks.²

One qualifier catches people off guard. If the single felony was in another state or in federal court, restoration is still available, but it is not truly hands-free. You have to file an application under § 13-908. The court is required to grant it without hearing from the prosecution and without a hearing, but the filing step is on you.³

Voter Registration Is a Separate Step

Automatic restoration does not put you back on the voter rolls. Prison and probation officials typically notify election officials that a person’s rights have been restored, but you still have to re-register through Arizona’s normal voter registration process. Bringing your discharge papers or a confirmation letter from your probation officer to the county recorder’s office speeds things up if any questions come up.⁴

Petitioning the Court Under § 13-908

If automatic restoration does not apply, § 13-908 is the route. This covers two main groups: people with more than one felony conviction, and people who have not yet paid all court-ordered restitution. It also serves as the filing mechanism for first-time out-of-state or federal convictions, though those applications must be granted as a matter of course.⁵

For everyone else using § 13-908, restoration is discretionary. A judge decides. That makes the strength of the application matter.

What to Gather Before Filing

The “Application to Restore Civil Rights” is available through the Clerk of the Superior Court, usually on the county court’s website. Before filling it out, pull together:

Every case number for the felony convictions you are seeking restoration for.
Discharge documentation: a letter from the Department of Corrections confirming absolute discharge, or a letter from probation confirming successful completion.
Restitution records showing all victim restitution has been paid in full. If you are unsure of your balance, contact the Clerk of the Superior Court and request a payment ledger.
The exact date of final discharge for each conviction. Under § 13-908, “final discharge” means completion of probation or absolute discharge from a correctional facility.⁵

Courts reject applications over wrong case numbers or missing discharge dates more often than you would expect. Double-check everything against official records.

Where to File and What Happens Next

File with the Clerk of the Superior Court in the county where the conviction was entered. For an out-of-state or federal conviction, file in the county where you currently live. There is no filing fee.⁵

The clerk forwards a copy to the county attorney or attorney general, who can object if they believe you have not met the requirements or that restoration poses a risk. A judge reviews the petition along with any response. If the court denies the application, it must state its reasons in writing.²

Victims who have requested post-conviction notice have the right to be present and heard at any hearing on the application. The prosecution handles that notification.²

Firearm Rights Follow a Different Set of Rules

Firearm restoration is where Arizona’s framework gets complicated, and getting it wrong can produce a new felony charge for illegal possession. Two things drive the outcome: how many felony convictions you have, and the category of the offense.

Automatic Return of Firearm Rights

If you have one felony conviction and it was not classified as a dangerous offense under § 13-704 or a serious offense under § 13-706, your right to possess a firearm is restored automatically along with your other civil rights once you complete your sentence and pay restitution.³

Petition Under § 13-910

If firearm rights do not come back automatically, § 13-910 provides a petition process. The waiting period depends on the offense category:

Non-serious, non-dangerous felonies with multiple convictions: two years after final discharge.
Serious offenses: ten years after final discharge. Arizona defines serious offenses to include first- and second-degree murder, manslaughter, aggravated assault involving serious physical injury or a weapon, sexual assault, armed robbery, kidnapping, first-degree burglary, arson of an occupied structure, dangerous crimes against children, and sexual conduct with a minor under fifteen.⁶

Even after the waiting period passes, restoration is not automatic. The judge weighs criminal history, conduct since discharge, and public safety.

The Permanent Bar

If your conviction was classified as a dangerous offense, meaning it involved the use, threatened use, or display of a deadly weapon, or the deliberate infliction of serious physical injury, Arizona law provides no mechanism to restore firearm rights. The bar is permanent.¹

Federal Law Still Applies

Federal law separately prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms.⁷

Federal law also says a conviction does not count as a disqualifying conviction if the person’s civil rights have been restored under state law, unless the restoration order expressly prohibits firearms. Arizona’s automatic restoration under § 13-907 and court-ordered restoration under § 13-910 do not typically include such a restriction, so a full state-level restoration of firearm rights generally satisfies the federal side too.⁸

Generally. If your restoration order contains any language restricting firearms, the federal prohibition remains in full effect. Read the order carefully and talk to an attorney before purchasing or possessing a firearm.

Setting Aside the Conviction

Restoration of civil rights and setting aside a conviction are separate legal actions, and many people benefit from doing both. Under § 13-905, a person who has completed all conditions of their sentence can ask the court to set aside the judgment of guilt. The court replaces the conviction with a notation that the charge was dismissed, though the original conviction remains visible in the record.⁹

A set-aside carries a practical benefit for firearm rights. If your conviction is set aside and you were not convicted of a serious offense under § 13-706, your right to possess a firearm is restored through the set-aside order itself, without needing a separate § 13-910 petition.⁹

Not every conviction qualifies. These cannot be set aside:

Dangerous offenses
Offenses requiring sex offender registration
Offenses with a finding of sexual motivation
Felonies where the victim was a minor under fifteen⁹

Sealing the Record

Arizona’s record-sealing statute, § 13-911, took effect in 2023. A sealed record is removed from public view, which matters for employment, housing, and other background checks. You must have completed all terms of the sentence, including full restitution. File the petition in the court where the conviction occurred. Waiting periods run from sentence completion:

Class 2 or 3 felony: 10 years
Class 4, 5, or 6 felony: 5 years
Class 1 misdemeanor: 3 years
Lower-grade misdemeanors: 2 years

A prior felony conviction on your record adds five years to the applicable waiting period.¹⁰

The court must wait at least sixty days after receiving the petition before ruling, unless both the prosecutor and any victims confirm they have no objection. A judge grants the petition if sealing serves the best interests of the petitioner and public safety.¹⁰

Sealing has limits. Law enforcement and prosecutors can still access sealed records and use them as prior convictions for sentence enhancement, impeachment at trial, and as elements of future charges. Sealed convictions are not the same as expunged records in states that truly erase them. The exclusions mirror those for set-aside: dangerous offenses, sexual offenses requiring registration, offenses involving sexual motivation, and felonies against minors under fifteen.¹⁰

1
Arizona Legislature. Arizona Code 13-907 – Automatic Restoration of Civil Rights for First Offenders; Firearm Rights
2
Arizona Legislature. Arizona Code 13-906 – Restoration of Civil Rights
3
Arizona Legislature. Arizona Revised Statutes 13-907 – Automatic Restoration of Civil Rights for First Offenders; Firearm Rights
4
Maricopa County Elections. Voting Rights Restoration
5
Arizona Legislature. Arizona Code 13-908 – Restoration of Civil Rights; Application; Firearm Rights; Definition
6
Arizona Legislature. Arizona Revised Statutes Title 13 Criminal Code 13-706
7
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
8
Office of the Law Revision Counsel. 18 USC 921 – Definitions
9
Arizona Legislature. Arizona Code 13-905 – Setting Aside Judgment of Convicted Person on Discharge
10
Arizona Legislature. Arizona Code 13-911 – Sealing of Arrest, Conviction and Sentencing Records; Requirements; Fee; Appeal; Definition