13-908. Restoration of civil rights; application; firearm rights; definition
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.
Notes of Decisions
State v. Key, 626 P.2d 149 (Ariz. Ct. App. 1981).
· cites it 6× “In all cases, the restoration of civil rights is discretionary with the trial court, A.R.S. § 13-908, except for first offenders.”
State v. Nixon, 394 P.3d 667 (Ariz. Ct. App. 2017).
· cites it 2× “See AR.S. § 13-908 (“[T]he restoration of civil rights and the dismissal of the accusation or information under the provisions of this chapter shall be in the discre *245 tion of the superior court judge[.”
State v. Buonafede, 814 P.2d 1381 (Ariz. 1991).
· cites it 2× “See A.R.S. § 13-908. No finding of rehabilitation was made or requested.”
Rocking K Holdings, Ltd. v. Pima Cnty., 822 P.2d 487 (Ariz. Ct. App. 1991).
· cites it 4× “See A.R.S. § 13-908. * * * Indeed, had Buonafede been a first-time offender, the restoration of his civil rights would have been required even if the trial court did not believe him to be rehabilitated.”
State v. Buonafede, 797 P.2d 720 (Ariz. Ct. App. 1990).
· cites it 2× “The trial court has the power to restore a defendant’s civil rights based on reasons which, in the discretion of the trial court, support the restoration of such rights, including a finding of rehabilitation.”
State v. Gallegos (Ariz. Ct. App. 2015).
· cites it 4× “See A.R.S. § 13-908 (2010). An abuse of discretion occurs when “the reasons given by the court for its actions are clearly untenable, legally incorrect, or amount to a denial of justice.”
State v. Benally (Ariz. Ct. App. 2018).
· cites it 2× “§ 13-912, which states: Any person who has not previously been convicted of any other felony shall automatically be restored any civil rights that were lost or suspended by the conviction if the person both: 1.”
State v. Harris (Ariz. Ct. App. 2019).
· cites it 2× “2013) (citing A.R.S. § 13-908; State v. Key, 128 Ariz. 419, 421 (App.”
State v. Lewis (Ariz. Ct. App. 2021).
· cites it 2× “2017); A.R.S. § 13-908(A) (“The restoration of civil rights is in the discretion of the judicial officer.”
State v. James (Ariz. Ct. App. 2024).
· cites it 2× “¶6 The State correctly points out that A.R.S. § 13-908(D) authorizes the superior court to consider and restore a person’s civil rights if “lost or suspended as a result of a felony conviction in .”
State v. Bighorse (Ariz. Ct. App. 2022).
“” He points to § 13-904(A)(5) (felony conviction suspends the right to possess a firearm); § 13-907(C) (automatic restoration of rights for a first time serious or dangerous felony offender does not include restoration of the right to possess a firearm); and § 13-908(A) (upon…”
— Ariz. Rev. Stat. § 13-908(A) — 2 cases
State v. Lewis (Ariz. Ct. App. 2021).
“2017); A.R.S. § 13-908(A) (“The restoration of civil rights is in the discretion of the judicial officer.”
State v. Bighorse (Ariz. Ct. App. 2022).
“” He points to § 13-904(A)(5) (felony conviction suspends the right to possess a firearm); § 13-907(C) (automatic restoration of rights for a first time serious or dangerous felony offender does not include restoration of the right to possess a firearm); and § 13-908(A) (upon…”
— Ariz. Rev. Stat. § 13-908(D) — 1 case
State v. James (Ariz. Ct. App. 2024).
“¶6 The State correctly points out that A.R.S. § 13-908(D) authorizes the superior court to consider and restore a person’s civil rights if “lost or suspended as a result of a felony conviction in .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.