A Guide to Felon Voting Rights in Arizona: You Need To Know

Yes, Felons Can Vote in Arizona

But there are specific conditions attached. In Arizona, individuals who have been convicted of a felony lose their right to vote. However, this right can be restored under certain circumstances. For a first-time felony offender, the right to vote is automatically restored upon completion of their sentence including prison, parole, and probation provided their felony is not defined under Arizona A.R.S. § 13-907 for dangerous, serious, or violent crimes.

Key Takeaways

1. Automatic Restoration: First-time felons typically have their voting rights automatically restored upon completing their sentences. Unless convicted of serious, violent, or dangerous crimes.
2. Court Petition: Felons with multiple or serious convictions must petition the court to restore their voting rights.
3. State and Federal Voting: Once restored, felons can participate in both state and federal elections.

Can Felons Vote?

In Arizona, the journey towards reintegration for individuals with felony convictions encompasses a critical aspect of civil liberties: the restoration of civil rights, including the right to vote, and under certain conditions, the right to bear arms.

This process is not only a testament to the state’s commitment to rehabilitation but also highlights a forward-thinking approach to ensuring that those who have paid their debt to society are not perpetually marginalized.

By having clear pathways for the reinstatement of these fundamental rights, Arizona sets a precedent for balancing public safety with the principles of redemption and reintegration, underscoring the belief that individuals deserve the opportunity to fully participate in the democratic process and, where appropriate, exercise their Second Amendment rights upon fulfilling their obligations to the state.

Can Felons Vote in Arizona?

What Civil Rights Are Lost When Convicted of a Felony in Arizona?

Arizona Statutes ARS § 13-904: Defines what Civil Rights are lost.

A. A conviction for a felony suspends the following civil rights of the person sentenced:

1. The right to vote.

2. The right to hold public office of trust or profit.

3. The right to serve as a juror.

4. During any period of imprisonment any other civil rights the suspension of which is reasonably necessary for the security of the institution in which the person sentenced is confined or for the reasonable protection of the public.

5. The right to possess a firearm.

B. Persons sentenced to imprisonment shall not thereby be rendered incompetent as witnesses on the trial of a criminal action or proceeding, or incapable of making and acknowledging a sale or conveyance of property.

C. A person sentenced to imprisonment is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if the person was not convicted and sentenced.

D. The conviction of a person for any offense shall not work forfeiture of any property, except if a forfeiture is expressly imposed by law.  All forfeitures to the state, unless expressly imposed by law, are abolished.

E. A person shall not be disqualified from employment by this state or any of its agencies or political subdivisions solely because of a prior conviction for a felony or misdemeanor within or without this state. A person may be denied employment by this state or any of its agencies or political subdivisions by reason of the prior conviction for a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment sought.

F. Subsection E of this section is not applicable to any law enforcement or probation agency.

G. Any complaints concerning a violation of subsection E of this section shall be adjudicated in accordance with the procedures set forth in title 41, chapter 6 and title 12, chapter 7, article 6.

H. A person who is adjudicated delinquent under section 8-341 for a felony does not have the right to carry or possess a firearm.

At the time of this article, these are the rights lost when convicted of a felony in Arizona. While these are in force as of February 2024, it is always advisable to check for revised or updated statutes.

First-time Felons in Arizona

The restoration of civil rights, like the right to vote, upon completion of their sentence is guided by ARS § 13-706 in conjunction with other relevant statutes. Upon the completion of their sentence, including prison, probation, and parole, first-time felons may automatically have certain civil rights restored.

These rights typically include the right to vote, and the right to serve on a jury. However, the right to possess firearms is not automatically restored and requires a separate process, usually involving a court petition.

The statute indicates that for first-time offenders who have fully completed their sentences and met all the requirements imposed by the court, the process of restoring civil rights can be straightforward. In some cases, the restoration of rights is automatic upon the completion of their sentence, but this can vary based on the specific circumstances of the offense and the laws in place at the time of sentencing.

Can Felons Vote in Federal Elections?

Yes, felons can vote in federal elections after their civil right to vote is restored.

Felon Gun Rights Restoration

For people that are first-time felons that have completed all the requirements. as well as those who have outstanding restitution payments, the option to apply for the restoration of rights is available under ARS § 13-908. The submission of this application is not subject to any mandatory waiting period; however, the ultimate approval is at the court’s discretion.

It’s important to be aware that individuals found guilty of a dangerous offense (as outlined in 13-704) are ineligible to request the reinstatement of their firearm rights. Additionally, individuals sentenced for a serious offense (referenced in 13-706) are required to wait a decade after their full release before they can apply for the restoration of their firearm rights.

Who Qualifies as a “Prohibited Possessor” in Arizona?

In the context of Arizona’s statutes, specifically A.R.S. § 13-3101(A)(7), the term “Prohibited Possessor” is used to describe individuals who are restricted from owning or carrying firearms. This category includes anyone who:

• Is found guilty or adjudicated delinquent for a felony and has not had their firearm possession rights reinstated.
• Is under probation for a domestic violence misdemeanor.

Restoration of Firearm Possession Rights for First-Time Felony Convicts

As of September 24, 2022, Arizona has enacted a provision allowing first-time felony offenders to regain their right to possess firearms once they’ve completed their probation or have been unconditionally released from prison.

This is pursuant to A.R.S. § 13-907(A). This reinstatement is contingent upon the full payment of any restitution. It’s important to note that this restoration does not extend to those convicted of either dangerous offenses (13-704) or serious offenses (13-706).

Individuals released from probation or prison before the aforementioned date must initiate an application process to have their firearm rights restored.

Process for Applying to Restore Firearm Rights

Individuals still responsible for restitution have the opportunity to apply for rights restoration under ARS § 13-908. There is no mandatory waiting period for submitting this application, but the decision to grant it lies at the discretion of the court.

It’s critical to understand that persons convicted of dangerous offenses (under 13-704) are permanently barred from applying for firearm rights restoration. Meanwhile, those convicted of serious offenses (per 13-706) are required to wait a decade from the date of their complete discharge before they can apply.

Two or More Felony Convictions

For individuals in this category, the process is more complex. They must apply to have their voting rights restored. This typically involves completing their sentences, paying any fines or restitution associated with their convictions, and then applying to a court for the restoration of their civil rights, including the right to vote.

It’s important to note that these laws and processes can change, so individuals in this situation should seek current information from a legal source or the Arizona Secretary of State’s office.

Arizona’s laws regarding the voting rights of felons are outlined in the Arizona Revised Statutes (ARS). Specifically, you can refer to the following sections:

Arizona Statutes ARS § 13-905:

ARS § 13-905: This statute addresses the restoration of civil rights for persons with two or more felony convictions. These individuals do not have their rights automatically restored. Instead, they must apply to the court to have their civil rights restored. The application can be made upon completion of their probation or discharge from imprisonment. ARS § 13-905 covers these sub-topics.

• Setting aside judgment of convicted person on discharge
• Application
• Release from disabilities
• Certificate of second chance
• Firearm possession
• Exceptions

• A. Except as provided in subsection P of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the court to have the judgment of guilt set aside. The convicted person shall be informed of this right at the time of sentencing.  The court may issue an order that includes a certificate of second chance to a person whose judgment of guilt is set aside pursuant to subsection K or N of this section.
• B. The person or the person’s attorney or probation officer may apply to set aside the judgment.  The clerk of the court may not charge a filing fee for an application to have a judgment of guilt set aside.
• C. The court shall consider the following factors when determining whether to set aside the conviction:
• 1. The nature and circumstances of the offense that the conviction is based on.
• 2. The applicant’s compliance with the conditions of probation, the sentence imposed and any state department of corrections’ rules or regulations, if applicable.
• 3. Any prior or subsequent convictions.
• 4. The victim’s input and the status of victim restitution, if any.
• 5. The length of time that has elapsed since the completion of the applicant’s sentence.
• 6. The applicant’s age at the time of the conviction.
• 7. Any other factor that is relevant to the application.
• D. If the application is granted, the court shall set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:
• 1. The department of transportation pursuant to section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319.
• 2. The game and fish commission pursuant to section 17-314 or 17-340.
• 3. A lifetime injunction that is issued pursuant to section 13-719.
• E. A conviction that is set aside may be:
• 1. Used as a conviction if the conviction would be admissible had it not been set aside.
• 2. Alleged as an element of an offense.
• 3. Used as a prior conviction.
• 4. Pleaded and proved in any subsequent prosecution of the person by this state or any political subdivision of this state for any offense.
• 5. Used by the department of transportation in enforcing section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319 as if the judgment of guilt had not been set aside.
• 6. Used as the basis to issue a lifetime injunction pursuant to section 13-719.
• F. The clerk of the court must notify the department of public safety if a conviction is set aside.  The department of public safety must update the person’s criminal history with an annotation that the conviction has been set aside and, if applicable, a certificate of second chance has been issued but may not redact or remove any part of the person’s record.
• G. This section does not:
• 1. Require a law enforcement agency to redact or remove a record or information from the record of a person whose conviction is set aside.
• 2. Preclude the department of public safety or the board of fingerprinting from considering a conviction that has been set aside when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.
• H. If the state or the victim objects to an application to have a judgment of guilt set aside, an objection to the application must be filed within thirty days after the application is filed with the court.  If an objection is filed, the court may set a hearing.
• I. If the court denies an application to have a judgment of guilt set aside, the court shall state its reasons for the denial in writing and on the record.
• J. A victim has the right to be present and be heard at any proceeding in which the defendant has filed an application to have a judgment of guilt set aside pursuant to this section.  If the victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the defendant’s application, of whether the person is eligible for a certificate of second chance and of the rights provided to the victim in this section.
• K. If the court grants the application to set aside the judgment of guilt, the court’s order must include a certificate of second chance if the person was convicted of any of the following:
• 1. A misdemeanor.
• 2. A class 4, 5 or 6 felony and at least two years have elapsed since the person fulfilled the conditions of probation or sentence.
• 3. A class 2 or 3 felony and at least five years have elapsed since the person fulfilled the conditions of probation or sentence.
• L. Notwithstanding subsection K of this section, a person is not eligible for a certificate of second chance if the person has previously received a certificate of second chance on the set aside of a felony conviction. For the purposes of this subsection, “felony conviction” includes multiple felony convictions resulting from the same act or course of conduct.
• M. The certificate of second chance:
• 1. Unless specifically excluded by this section, releases the person from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction if the person is otherwise qualified.
• 2. Provides an employer of the person with all of the protections that are provided pursuant to section 12-558.03.
• 3. Provides another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer pursuant to section 12-558.03, subsection B.
• 4. Is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate of second chance when applying for an occupational license, employment or housing.
• N. If the court does not issue an order that includes a certificate of second chance when the person’s conviction is set aside, the person, unless otherwise precluded by this section, may apply to the court for a certificate of second chance after meeting the requirements prescribed in subsection K of this section. If a victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the person’s application for a certificate of second chance and the victim’s rights under this section.
• O. Notwithstanding section 13-910, if a conviction is set aside, the person’s right to possess a firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in section 13-706.
• P. This section does not apply to a person who was convicted of any of the following:
• 1. A dangerous offense.
• 2. An offense for which the person is required or ordered by the court to register pursuant to section 13-3821.
• 3. An offense for which there has been a finding of sexual motivation pursuant to section 13-118.
• 4. A felony offense in which the victim is a minor under fifteen years of age.

Arizona Revised Statute ARS § 13-906:

ARS § 13-906: This statute provides details on the application process for the restoration of civil rights for persons with two or more convictions. It specifies the information that must be included in the application and the process for submission.

• A. At the time of sentencing, the court shall inform a person in writing and on the record of the person’s right to the restoration of civil rights in the following manner:
• 1. If a person is eligible for automatic restoration of civil rights pursuant to section 13-907, the court shall inform the person that the person’s rights will be automatically restored on the completion of probation or absolute discharge from imprisonment. The court’s order and judgment of guilt must include an explanation of the civil rights that will be automatically restored pursuant to this paragraph.
• 2. If a person is not eligible for automatic restoration of civil rights pursuant to section 13-907, the court shall inform the person of the person’s right to the restoration of civil rights. The court’s order and judgment of guilt must include an explanation that includes when the person can apply to have the person’s civil rights restored.
• B. The probation department shall provide a copy of the court’s sentencing order and judgment of guilt to each person who completes probation.  The state department of corrections shall provide a copy of the court’s sentencing order and judgment of guilt to each prisoner who obtains an absolute discharge from imprisonment unless the prisoner was sentenced to a term of probation to begin on absolute discharge from the state department of corrections.
• C. The clerk of the court shall notify the department of public safety when a person’s civil rights are automatically restored pursuant to section 13-907, including whether the person’s right to possess a firearm is restored. The clerk of the court shall notify the department of public safety if the court restores the person’s civil rights, including whether a person’s right to possess a firearm is restored. The department of public safety shall update the person’s criminal history with an annotation that the person’s civil rights have been restored and any exceptions ordered but may not redact or remove any part of the person’s record.
• D. The restoration of a person’s civil rights does not preclude the department of public safety or the board of fingerprinting from considering a conviction of a person whose civil rights have been restored when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.
• E. If the court denies an application for the restoration of a person’s civil rights, the court shall state its reasons for the denial in writing.
• F. If the restoration of a person’s civil rights is discretionary with the court, a victim has the right to be present and be heard at any proceeding in which the defendant files an application for the restoration of civil rights. If the victim has made a request for postconviction notice, the attorney for the state shall provide the victim with notice of the defendant’s application and of the rights provided to the victim in this section.

Arizona Revised Statute ARS § 16-101:

ARS § 16-101: This statute defines voter qualifications and disqualifications in Arizona, including stipulations related to felony convictions.

• A. Every resident of this state is qualified to register to vote if the resident:
• 1. Is a citizen of the United States and has provided satisfactory evidence of citizenship as prescribed in section 16-166.
• 2. Will be eighteen years of age or more on or before the date of the regular general election next following his registration.
• 3. Is a resident of this state twenty-nine days next preceding the election, except as provided in section 16-126.
• 4. Is able to write the resident’s name or make the resident’s mark, unless prevented from so doing by physical disability.
• 5. Has not been convicted of treason or a felony, unless restored to civil rights.
• 6. Has not been adjudicated an incapacitated person as defined in section 14-5101.
• B. For the purposes of this title, “resident” means an individual who has actual physical presence in this state, or for purposes of a political subdivision actual physical presence in the political subdivision, combined with an intent to remain. A temporary absence does not result in a loss of residence if the individual has an intent to return following his absence. An individual has only one residence for purposes of this title.
• These statutes provide the legal framework for the restoration of voting rights to felons in Arizona. It’s important to read the specific text of these laws or consult a legal professional for a detailed understanding, as interpretations and implementations may vary.

Arizona Statutes ARS § 13-706. 

Arizona Statutes ARS § 13-706 deals with the sentencing guidelines for serious, violent, or aggravated offenses. It is also one determining factor on whether first-time felons can have their rights restored.

This statute outlines the circumstances under which a person may be subject to enhanced sentencing, including longer prison terms, based on the severity of the crime committed. The statute typically covers offenses such as:

• First-degree murder
• Sexual assault
• Armed robbery

And other crimes considered to be serious.

The statute specifies the criteria for determining when an enhanced sentence is appropriate, including the nature of the crime, the presence of aggravating factors (such as the use of a weapon, the crime resulting in serious physical injury, or being committed against a vulnerable victim), and the defendant’s criminal history.

It outlines the minimum, presumptive, and maximum sentence lengths that can be imposed, depending on these factors.

Enhanced sentencing under ARS § 13-706 is designed to deter serious criminal behavior and to protect the community from individuals who commit particularly dangerous offenses. It reflects the state’s policy of imposing stricter penalties on those who commit crimes that are considered to pose a significant threat to public safety and well-being.

• A. A person who is at least eighteen years of age or who has been tried as an adult and who is convicted of a serious offense except a drug offense, first-degree murder, or any dangerous crime against children as defined in section 13-705, whether a completed or preparatory offense, and who has previously been convicted of two or more serious offenses not committed on the same occasion shall be sentenced to life imprisonment and is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis, except as specifically authorized by section 31-233, subsection A or B, until the person has served at least twenty-five years or the sentence is commuted.

• B. Unless a longer term of imprisonment or death is the prescribed penalty and notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felony and who has previously been convicted on separate occasions of two or more violent or aggravated felonies not committed on the same occasion shall be sentenced to imprisonment for life and is not eligible for suspension of sentence, probation, pardon or release on any basis except that the person may be eligible for commutation after the person has served at least thirty-five years.

• C. In order for the penalty under subsection B of this section to apply, both of the following must occur:

• 1. The aggravated or violent felonies that comprise the prior convictions shall have been entered within fifteen years of the conviction for the third offense, not including time spent in custody or on probation for an offense or while the person is an absconder.

• 2. The sentence for the first aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the second conviction, and the sentence for the second aggravated or violent felony conviction shall have been imposed before the conduct occurred that gave rise to the third conviction.

• D. Chapter 3 of this title applies to all offenses under this section.

• E. For the purposes of this section, if a person has been convicted of an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of any of the offenses listed in this section and that has the same elements of an offense listed in this section, the offense committed in another jurisdiction is considered an offense committed in this state.

• F. For the purposes of this section:

• 1. “Serious offense” means any of the following offenses if committed in this state or any offense committed outside this state that if committed in this state would constitute one of the following offenses:
• (a) First degree murder.
• (b) Second degree murder.
• (c) Manslaughter.
• (d) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
• (e) Sexual assault.
• (f) Any dangerous crime against children.
• (g) Arson of an occupied structure.
• (h) Armed robbery.
• (i) Burglary in the first degree.
• (j) Kidnapping.
• (k) Sexual conduct with a minor under fifteen years of age.
• (l) Child sex trafficking.
• 2. “Violent or aggravated felony” means any of the following offenses:
• (a) First degree murder.
• (b) Second degree murder.
• (c) Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
• (d) Dangerous or deadly assault by prisoner.
• (e) Committing assault with intent to incite to riot or participate in riot.
• (f) Drive by shooting.
• (g) Discharging a firearm at a residential structure if the structure is occupied.
• (h) Kidnapping.
• (i) Sexual conduct with a minor that is a class 2 felony.
• (j) Sexual assault.
• (k) Molestation of a child.
• (l) Continuous sexual abuse of a child.
• (m) Violent sexual assault.
• (n) Burglary in the first degree committed in a residential structure if the structure is occupied.
• (o) Arson of an occupied structure.
• (p) Arson of an occupied jail or prison facility.
• (q) Armed robbery.
• (r) Participating in or assisting a criminal syndicate or leading or participating in a criminal street gang.
• (s) Terrorism.
• (t) Taking a child for the purpose of prostitution.
• (u) Child sex trafficking.
• (v) Commercial sexual exploitation of a minor.
• (w) Sexual exploitation of a minor.
• (x) Unlawful introduction of disease or parasite as prescribed by section 13-2912, subsection A, paragraph 2 or 3.

Can Felons Vote in Arizona

In Arizona, the restoration of civil rights, including the right to vote and, where applicable, the right to bear arms for felons, is contingent upon the completion of their sentence and the specifics of their conviction.

Felons who have served their sentence, which encompasses prison time, probation, or parole, and who have also fulfilled any financial obligations such as fines or restitution, can have their right to vote automatically restored.

This automatic restoration is straightforward for individuals convicted of a single felony. However, for those with multiple felony convictions, obtaining a court order is necessary to restore their voting rights.

The process for restoring the right to bear arms is distinct and not automatic. For first-time felony offenders, their firearm rights may be automatically restored after completing their sentence, including probation or absolute discharge from prison, provided they have paid all imposed restitution.

This is subject to limitations based on the nature of the felony, with individuals convicted of dangerous or serious offenses facing additional restrictions or permanent disqualification from restoring their firearm rights.

This approach by Arizona towards the restoration of civil rights, including voting and the conditional restoration of firearm rights, reflects a nuanced recognition of the importance of reintegration into society.

By reinstating these rights for individuals who have served their sentences and met all court-imposed conditions, Arizona acknowledges the principle that individuals who have made amends for their past mistakes should be allowed to fully participate in civic life and, where deemed appropriate, exercise their Second Amendment rights.

This policy underscores a commitment to rehabilitation and the belief in providing a path toward redemption and full societal participation for former offenders.

General Disclaimer

The content presented here aims to offer a basic understanding of voting rights for convicted felons in the state of Arizona and not legal guidance. For more detailed information or advice about your specific circumstances, it is recommended to seek consultation with a legal professional.

A Guide to Felon Voting Rights in Arizona: What You Need To Know

Frequently Asked Questions