A civil rights restoration lawyer can help individuals in Lake Mary, FL who have been convicted of a felony to regain their civil rights, which may include the right to vote, serve on a jury, and hold public office. Your attorney can assess your eligibility, prepare and file the necessary applications, and represent you in any required hearings.
Specific laws and procedures govern the restoration of civil rights in Florida. Navigating the requirements and steps for civil rights restoration can be confusing and overwhelming, leading to delays and potential errors in the application process. A criminal defense lawyer with unique experience in this area can explain these laws and determine if your situation makes you eligible for restoration.
If your felony conviction was not for murder or a felony sexual offense, your voting rights in Florida will be restored automatically after you complete all terms of your sentence. These terms can include prison time, parole, probation, and the payment of any court-ordered fines, fees, costs, and restitution.
However, even if your voting rights are reinstated, this does not automatically restore other civil rights, such as the right to serve on a jury or hold public office. Restoration of these rights typically involves a separate application process through the state’s Office of Executive Clemency.
In this state, restoring firearm rights is also a distinct process from reinstating other civil rights. There is an eight-year waiting period after completing all sentences and supervision conditions before you can apply for restoration of firearm authority. For certain serious felonies (e.g., murder, sexual assault), a pardon from the Governor is the only way to restore firearm rights.
Individuals convicted of murder or felony sex offenses have their civil rights suspended until restored by the Governor and Cabinet through the Clemency Board. The Clemency Board reviews each application for restoration of rights on an individual basis.
A Lake Mary attorney can thoroughly review a person’s criminal history to determine if they meet the eligibility requirements for civil rights restoration, including the waiting periods and completion of all sentences and supervision. A lawyer can also identify any potential issues that might hinder the restoration process and advise on how to address them.
While many individuals convicted of felonies regain the right to vote automatically upon completion of their sentence, the restoration of other civil rights (like the right to hold public office and serve on a jury) can involve additional steps. Individuals must have completed all sentences, including any court-ordered conditions like probation or parole, and paid all restitution. For most felony convictions, if you have completed all terms of your sentence and supervision, including paying restitution, you can apply for restoration of civil rights, which includes the right to serve on a jury.
There is no longer a mandatory waiting period to apply for restoration in these cases. If you meet the criteria, the Clemency Board will typically approve your application without a hearing. Individuals convicted of serious offenses, like murder or felony sexual offenses, or those who have previously had their civil rights restored and are convicted of another felony, must apply under a different process that involves a longer waiting period and a hearing.
It is best to have a Lake Mary attorney by your side who can manage the unique complexities of your civil rights restoration case. Your lawyer can help you to submit the necessary application for civil rights restoration to the Office of Executive Clemency, along with certified copies of court documents (charging documents, judgments, and sentence orders) for each conviction. The Office of Executive Clemency conducts a preliminary screening to determine if the applicant is eligible. If so, an investigator may be assigned to the case to conduct interviews and request additional documents.
For certain offenses, a hearing before the Clemency Board (comprising the Governor and at least two Cabinet members) is required. Applicants or their attorneys can present their case at the hearing, and the Clemency Board then makes the final decision on whether to restore civil rights. An attorney who regularly represents clients seeking civil rights restoration can help you navigate the process effectively.
A Lake Mary civil rights restoration lawyer can ensure you meet all the requirements and adhere to all the deadlines in your case. If you are interested in discussing how to regain your civil rights or have questions about the restoration process, The Umansky Law Firm can help. Call us today or submit the contact form to request your free case consultation.
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