§ 13-906 — Restoration of civil rights; process

Arizona § 13-906

• Jurisdiction: Arizona
• Title 13: Arizona Revised Statutes
• Ch. 9: PROBATION AND RESTORATION OF CIVIL RIGHTS

Text

A. At the time of sentencing, the court shall inform a person in writing and on the record of the person's right to the restoration of civil rights in the following manner:

1. If a person is eligible for automatic restoration of civil rights pursuant to section 13-907, the court shall inform the person that the person's rights will be automatically restored on the completion of probation or absolute discharge from imprisonment. The court's order and judgment of guilt must include an explanation of the civil rights that will be automatically restored pursuant to this paragraph.

2. If a person is not eligible for automatic restoration of civil rights pursuant to section 13-907, the court shall inform the person of the person's right to the restoration of civil rights. The court's order and judgment of guilt must include an explanation that includes when the person can apply to have the person's civil rights restored.

B. The probation department shall provide a copy of the court's sentencing order and judgment of guilt to each person who completes probation. The state department of corrections shall provide a copy of the court's sentencing order and judgment of guilt to each prisoner who obtains an absolute discharge from imprisonment unless the prisoner was sentenced to a term of probation to begin on absolute discharge from the state department of corrections.

C. The clerk of the court shall notify the department of public safety when a person's civil rights are automatically restored pursuant to section 13-907, including whether the person's right to possess a firearm is restored. The clerk of the court shall notify the department of public safety if the court restores the person's civil rights, including whether a person's right to possess a firearm is restored. The department of public safety shall update the person's criminal history with an annotation that the person's civil rights have been restored and any exceptions ordered but may not redact or remove any part of the person's record.

D. The restoration of a person's civil rights does not preclude the department of public safety or the board of fingerprinting from considering a conviction of a person whose civil rights have been restored when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.

E. If the court denies an application for the restoration of a person's civil rights, the court shall state its reasons for the denial in writing.

F. If the restoration of a person's civil rights is discretionary with the court, a victim has the right to be present and be heard at any proceeding in which the defendant files an application for the restoration of civil rights. If the victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the defendant's application and of the rights provided to the victim in this section.