Miami Restoration of Civil Rights Lawyer

Helping Those in Fort Lauderdale Overcome Post-Conviction Prohibitions

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 individuals 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 if you case is out of Miami, 954-524-4474 if you case is out of Broward County, 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 5 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 imposed and all conditions of supervision, including, but not limited to, imprisonment, parole, probation, community control, control release, and conditional release;
• Have no outstanding detainers or pending criminal charges;
• Paid all restitution and obligations pursuant to a court order or civil judgment;
• Has not been declared a Habitual Violent Felony Offender, Three-time Violent Felony Offender, Violent Career Criminal, Prison Release Reoffender, or Sexual Predator; and
• 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’re subsequently convicted of offenses set forth in Rule 9(a), they become ineligible for restoration of civil rights or alien status under Florida law for at least 7 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 an individual does not qualify for clemency under rule 9, they must file an application for their civil rights to be restored under Rule 6. This process requires a hearing.

The person must meet the following requirements to qualify under Rule 6:

• Have no new felony convictions for 7 years or more after completion of all sentences imposed for the most recent conviction;
• Complete all conditions of supervision for the most recent felony conviction, including, but not limited to imprisonment, parole, probation, community control, control release, and conditional release;
• Paid all restitution and completed all obligations pursuant to a court order or civil judgment; and
• 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 individual is 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 2 years before reapplying.