Arizona Revised Statutes

Ariz. Rev. Stat. § 13-906 (2026)

Restoration of civil rights; process

✓ current as of May 2026

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13-906. Restoration of civil rights; process

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.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1991–2024 · leading case: State of Arizona v. Raymond Anthony Hall, 322 P.3d 191 (Ariz. Ct. App. 2014).

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State of Arizona v. Raymond Anthony Hall, 322 P.3d 191 (Ariz. Ct. App. 2014). · cites it 2× “§ 13-907 and to restore his civil rights, including his right to bear firearms under A.R.S. §§ 13-906 and 13-908. After a hearing on Hall’s application, the court restored his civil rights, with the exception of the right to possess firearms, but denied Hall’s request to set…”

UNITED STATES of Am., Plaintiff-Appellee, v. Joe Lowell McELYEA, Jr. Defendant-Appellant, 158 F.3d 1016 (9th Cir. 1998). · cites it 2× “” Ariz.Rev.Stat. § 13-906(A). McElyea claims that he petitioned the Maiieopa County Superior Court to have his civil rights restored in 1992.”

Rocking K Holdings, Ltd. v. Pima Cnty., 822 P.2d 487 (Ariz. Ct. App. 1991). · cites it 3× “13-912 and did not have to apply for restoration of his civil rights under A.R.S. 13-906. Wright was convicted on January 27, 1975, of two felonies, one for possession of marijuana and another for sale of a dangerous drug.”

Schwichtenberg v. State, 951 P.2d 449 (Ariz. 1997). “) § 13-906; (2) credit for the time that he was mistakenly or illegally paroled or released from DOC, under case law; or (3) commutation of his sentence, pardon, reprieve, or other appropriate relief from the Arizona Board of Executive Clemency, under A.”

State v. Benally (Ariz. Ct. App. 2018). · cites it 2× “Because his rights were suspended for another felony, Benally cannot now request they be restored based upon his absolute discharge from the 1978 conviction.”

State v. James (Ariz. Ct. App. 2024). “”) §§ 13-906, -907, -908, and -910. On July 18, 2023, the superior court denied her petition, stating that it lacks jurisdiction to restore her rights lost from a federal offense.”

— Ariz. Rev. Stat. § 13-906(A) — 2 cases

UNITED STATES of Am., Plaintiff-Appellee, v. Joe Lowell McELYEA, Jr. Defendant-Appellant, 158 F.3d 1016 (9th Cir. 1998). “” Ariz.Rev.Stat. § 13-906(A). McElyea claims that he petitioned the Maiieopa County Superior Court to have his civil rights restored in 1992.”

State v. Benally (Ariz. Ct. App. 2018). “Because his rights were suspended for another felony, Benally cannot now request they be restored based upon his absolute discharge from the 1978 conviction.”

— Ariz. Rev. Stat. § 13-906(B) — 1 case

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