If you're an immigrant with a felony criminal record in Phoenix, rebuilding your life after a conviction can be complicated. In Arizona, the effects of a felony conviction may continue even after you have completed probation, imprisonment, and other court-ordered requirements. A conviction can affect employment opportunities, housing, voting rights, firearm rights, and, depending on the offense and your immigration history, future immigration matters.
At Vianey K. Hurtado Law, we understand that post-conviction relief can have significance beyond the criminal case. Because our firm handles both criminal and immigration matters, we can evaluate how restoring your civil rights may fit into your broader legal and immigration history. Our team serves clients in Phoenix, Yuma, and throughout Arizona.
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As an immigrant in Phoenix, felony convictions can affect important civil rights and may also have consequences for future immigration matters. A Motion to Restore Rights allows certain individuals to seek restoration of civil liberties that were lost because of a felony conviction, such as the right to vote, serve on a jury, or hold certain public offices. Firearm rights are treated separately and are subject to additional requirements and restrictions under Arizona law. (A.R.S. § 13-908)
While restoring civil rights does not erase a conviction or eliminate its immigration consequences, being proactive about rehabilitation and completing post-conviction requirements may be important for future immigration matters.
For individuals who have not previously been convicted of another felony, certain civil rights may be restored automatically after completion of probation or absolute discharge from imprisonment, provided the requirements of Arizona law are satisfied. Individuals with prior felony convictions, or those who otherwise do not qualify for automatic restoration, may need to file an application with the court.
Eligibility to file a Motion to Restore Rights depends on the circumstances of the case and may include factors such as:
Civil rights and firearm rights are not treated the same under Arizona law. Firearm-rights restoration is subject to additional restrictions. For example, Maricopa County's current instructions state that its restoration packet should not be used to seek firearm-rights restoration following a dangerous offense, and serious offenses are subject to additional waiting requirements.
Filing a Motion to Restore Rights involves a few distinct steps:
For non-U.S. citizens, restoring civil rights may also be one part of demonstrating rehabilitation and positive equities in a future immigration matter. However, restoration of rights does not erase or vacate the underlying conviction, and the conviction may still carry immigration consequences. An immigration attorney should separately evaluate the criminal record and determine how it may affect naturalization, lawful permanent residence, humanitarian relief, waivers, or other immigration benefits.
A Motion to Restore Rights does not erase or vacate a criminal conviction, and it does not automatically eliminate the immigration consequences of that conviction. Immigration authorities may still consider the original offense when determining admissibility, deportability, eligibility for immigration benefits, or good moral character.
However, restoring civil rights can still be valuable for some non-U.S. citizens because it may provide evidence of rehabilitation and positive equities. Completing probation or a prison sentence, satisfying court-ordered obligations, restoring civil rights, maintaining a clean record, and demonstrating continued rehabilitation may all be relevant when an immigration officer or immigration judge has discretion in deciding a case.
Evidence of rehabilitation can be particularly important in immigration matters involving naturalization, lawful permanent residence, waivers, cancellation of removal, or certain humanitarian forms of relief, depending on the requirements of the particular case.
USCIS currently evaluates good moral character in naturalization cases using a broader, totality-of-the-circumstances analysis that can include both negative conduct and evidence of rehabilitation and positive contributions. Likewise, in discretionary immigration cases involving criminal history, rehabilitation may be an important favorable factor.
Because restoring civil rights does not remove the underlying conviction, every person with a criminal history should have the conviction separately reviewed by an immigration attorney to determine its continuing immigration consequences.
At Vianey K. Hurtado Law, we practice both criminal defense and immigration law. This allows us to evaluate whether restoring your civil rights may not only provide benefits under Arizona law, but also help document rehabilitation and other favorable factors for a current or future immigration case.
At Vianey K. Hurtado Law, our team will do everything possible to fight for you. We provide an experienced legal team to immigrants in the Phoenix and Yuma areas and throughout Arizona. We'll create a relevant strategy to achieve the best outcome for your motion.
If you need help filing a motion to restore rights in Arizona, contact us today. We will provide you with a thorough case evaluation.
