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According to Florida law, a felony conviction not only results in prison time, fines, and other criminal penalties, but it also leads to the revocation of a person’s civil rights, such as the right to vote, own or possess a gun, serve on a jury, or hold public office. These rights are essential to participate in our democracy and protect your home and property from intruders.
After completing all sentences and fulfilling all conditions, including paying fines and restitution, a convicted felon may apply for Restoration of Civil Rights through the Office of Executive Clemency. There are two types of Restoration of Civil Rights cases: those involving hearings and those without hearings.
Hearings are required for felons who were convicted of serious offenses. These individuals must wait seven years after completing all sentences and court-mandated conditions. Furthermore, felons must submit certain court documents for each of their felony cases.
On the other hand, cases without hearings are for less serious offenses. These individuals must remain arrest-free for five years before the Florida Commission on Offender Review (FCOR) can review their cases.
When it comes to restoring firearm rights, a felon needs to wait at least eight years after completing all sentences and court conditions to apply. Individuals must not have any pending charges or financial penalties of up to $1,000 before applying.
The Executive Clemency Board will consider the following factors to determine whether to restore a felon’s civil rights:
- Any aggravating or mitigating factors involved in the case
- Past criminal history
- Employment record
- History of substance abuse, mental illness, or domestic violence
- Any letters that oppose or support the felon’s restoration of civil rights
If the Office of Executive Clemency approves your application, you will receive a certificate of Restoration of Civil Rights. By contrast, if you fail to meet the legal requirements, you will receive a denial letter, which addresses the reasons for denial.
If you are interested in restoring your civil rights and/or clemency in Miami, contact The Hoffman Firm today at (305) 928-1669 and schedule a free consultation today to learn about your available legal options.