Miami Restoration of Civil Rights Lawyer

Trusted Attorney Helping Clients Overcome Post-Conviction Prohibitions in Miami, FL

Under Florida Statute § 944.292, a person convicted of a felony has their civil rights suspended. However, those rights can be restored by a full pardon, conditional pardon, or restoration of civil rights granted pursuant to Section 8, Article IV of the Constitution of the State of Florida. Securing a restoration of civil rights allows you to exercise the rights of citizenship that you had before being convicted, except for the right to use, possess, or own firearms. A seasoned criminal defense attorney can help you understand your legal options.

At The Hoffman Firm, we are committed to providing sound legal guidance to people who are seeking to restore their civil rights. The processes involved are intricate and require a thorough understanding of the law. Backed by extensive experience, our attorney, Evan Hoffman, can provide the legal service you need. Schedule your free consultation today by calling 305-249-0090 or contacting us online.

What's the Process for Restoring Civil Rights?

Obtaining clemency requires going through many different procedures. However, the specific process a person goes through depends on their circumstances.

If an individual has not been arrested for a felony or misdemeanor for five years from the date they completed their sentence and any conditions of supervision, they could ask for their civil rights to be restored. Usually, this process takes place without a hearing.

For a person to be eligible for restoration of civil rights without a hearing, they must meet all of the following requirements:

• Complete all sentences and all other conditions, including, but not limited to, imprisonment, probation, parole, and conditional release
• Have no pending criminal charges
• Paid all restitution and obligations
• Has not been declared a Habitual Violent Felony Offender, Three-time Violent Felony Offender, Violent Career Criminal, Prison Release Reoffender, or Sexual Predator
• Must be a citizen of the United States, and if convicted in a court other than a Florida court, must be a legal resident of Florida

If the person has previously had their civil rights restored, and they are subsequently convicted of certain offenses, they may become ineligible for restoration of civil rights or alien status under Florida law for at least seven years after completing their sentences and conditions of supervision arising from the later conviction. A knowledgeable criminal defense lawyer can review your case to assess whether you may be eligible to have your civil rights restored.

If a person does not qualify for clemency, they must file an application for their civil rights to be restored. This process requires a hearing. The person must meet the following requirements to qualify for a restoration of their civil rights:

• Have no new felony convictions for seven years or more after completion of all sentences for the most recent conviction
• Complete all of the conditions of supervision for the most recent felony conviction, including, but not limited to imprisonment, probation, parole, and conditional release
• Paid all restitution and completed all obligations
• Must be a citizen of the United States, and if convicted in a court other than a Florida court, be a legal resident of Florida

When a hearing is required, the Parole Commission will investigate to decide whether the person has been rehabilitated. The examiners place recommendations into confidential files for the Clemency Board. Hearings are held quarterly, and applicants are not required to attend. However, if they do attend, they have the right to make oral statements. If an application is denied, the applicant must wait two years before reapplying.

Other Restrictions

If a person has certain criminal convictions on their record, they are not eligible for restoration of civil rights. These offenses include, but are not limited to:

• Unlawful sexual activity with a minor
• Sexual battery
• Attempted sexual battery
• Female genital mutilation
• Leaving the scene of an accident that involves death or injury
• Manslaughter
• Attempted murder
• Attempted felony murder
• Murder

Contact Our Miami, Florida Restoration of Civil Rights Attorney

If you are seeking to secure a restoration of your civil rights, consult with a skilled lawyer. At The Hoffman Firm, our principal, Evan Hoffman, can look at whether you would qualify for this or another type of relief. We provide dedicated legal services in Miami and the surrounding areas, and we are ready to help you through your case. Schedule your free consultation right away by calling 305-249-0090 or contacting us online.