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Restoration of Civil Rights

Restoration of Civil Rights in Florida

Regain Your Freedom

One of the most challenging aspects of being convicted of a crime is having your civil rights removed. Losing your civil rights can cause lasting damage – long after you have served your time.

If you have been convicted of a crime and are looking to have your civil rights restored, you need a knowledgeable and experienced attorney to guide you through the process. At The Berman Law Group, we have built a reputation as fearless and indefatigable defenders of our client’s rights. We have the knowledge and skill to help you fight to clear your name and regain your rights.

If you need an experienced criminal defense attorney in Florida, call The Berman Law Group right now at (800) 375-5555 for a free consultation.

Removal of Civil Rights

Florida Statute 944.292(1) states that: “upon conviction of a felony as defined in s.10, Art. X of the State Constitution, the civil rights of the person convicted shall be suspended in Florida until such rights are restored by a full pardon, conditional pardon, or restoration of civil rights granted pursuant to s. 8, Art. IV of the State Constitution.

Ex-felons and Florida residents usually have lost their civil rights if they were:

  • Convicted of a felony in Florida and have not had their rights restored by the Governor and Board of Clemency
  • Were convicted of a felony in another state while a Florida resident
  • Were convicted of a felony in another state before moving to Florida and did not have their civil rights restored before moving

Process for the Restoration of Civil Rights

Any application for the restoration of civil rights must be filed with the Office of Executive Clemency, also known as the Clemency Board. Composed of the Governor and members of the Cabinet, the board separates applications for restoration of civil rights into two groups: Those decided without a hearing and those decided with a hearing.

Rule 9.A.

Rule 9.A. concerns applications that do not require a hearing.

The requirements to qualify for restoration of civil rights without a hearing are:

  • Five years have passed since completion of all sentences imposed, including all conditions of supervision
  • No crimes, misdemeanors or felonies, were committed in those five years
  • Must be a U.S. citizen
  • Must be a legal Florida resident
  • Must not have been convicted of a crime considered more serious, violent, or dangerous by the board

Rule 10.A.

If an individual does not qualify for a restoration of their rights under Rule 9.A., they may apply for a hearing as described under Rule 10.A. Rule 10.A. was specifically designed to deal with cases in which more serious, violent, or dangerous crimes were committed. The board will consider various factors in determining whether or not to grant the restoration of an individual’s civil rights.

These include:

  • The nature of the offense committed
  • Previous criminal record
  • Employment history
  • Previous drug abuse history
  • Opposition to the application

The requirements to qualify for restoration of civil rights with a hearing are:

  • Seven years have passed since completion of all sentences imposed, including all conditions of supervision
  • No crimes, misdemeanors, or felonies were committed in those seven years
  • Must be a U.S. citizen
  • Must be a legal Florida resident

Contact an Experienced Probation Attorney Today

Restoration of civil rights is no laughing matter. If you are looking to have your civil rights restored, you should seek legal counsel immediately. Make sure you get a trusted and experienced defense attorney who is willing to fight for your rights.

Contact The Berman Law Group at (800) 375-5555 for your free consultation. We have five convenient offices in Boca Raton, Deerfield Beach, Orlando, Stuart, and Gainesville.

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