Civil Rights Restoration

Receiving a conviction for a criminal offense is more detrimental in Florida than most other states. Although the facts that you face a lengthy prison sentence, hefty fines, and limitations upon release remain true throughout the U.S., Florida is one of three states that permanently deprive individuals of their citizenship. As a convicted felon in Florida, you lose your right to vote, hold public office, and serve on a jury. This is in addition to the extreme limitations set on your ability to travel and inability to bear arms. You may have finally been released from prison, but with such restrictions placed on your life, you may not feel like much of a free person. If you wish to have your civil rights restored, it is in your best interest to seek the legal counsel of an experienced attorney.

The Orlando civil rights restoration attorneys at The Umansky Law Firm have over 100 years of combined experience and have helped many convicted felons get back their rights as a citizen. As a former prisoner, you’re ready to finally move on with your life and progress as a law-abiding citizen, but that can be difficult to do when the criminal justice system has stripped away your legal freedoms. Trust an Orlando civil rights restoration attorney to analyze the facts of your case and pursue the most appropriate course of action.

Why Were my Civil Rights Removed?

Per Florida Statute § 944.292(1):

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.

 

This includes individuals who were convicted of a felony in another state and moved to Florida before having their civil rights restored in that state as well as those convicted of a felony in another state while still a resident of Florida.

People often mistakenly assume that they will have their civil rights restored as soon as they are released from prison, but that isn’t the case. To have your civil rights restored in Florida, you must go through an intricate process that involves strict requirements and hard deadlines. The smallest misstep can result in all of your hard work going down the drain which is why it is to your best interests to acquire legal counsel from a seasoned attorney who can guide you through the process.

Requirements for Civil Rights Restoration in Florida

The ability to restore the rights of a convicted felon in Florida lies with the Board of Executive Clemency and the governor. Two cabinet members and the governor must sign off on the executive order for an individual’s rights to be restored. The terms of executive clemency were revised in March of 2011 to separate the requirements to restore civil rights into two categories. Both of which have mandatory waiting periods that differ based on the severity of the crime the individual was sentenced for committing.

Category 1

The following requirements are for those who wish to have their civil rights restored and were convicted of committing less severe crimes:

Could not have been convicted for:

  • Robbery
  • Sexual battery
  • Aggravated child abuse
  • Aggravated battery
  • Manslaughter
  • Murder
  • Kidnapping
  • … and much more
  • Must have paid all court-ordered restitution
  • Cannot have any pending charges or retainers
  • Must have no arrests or convictions since being released
  • No required hearing
  • Must complete a 5-year waiting period

Category 2

The following requirements are for those who wish to have their civil rights restored and were convicted of committing more severe crimes:

  • Must have paid all court-ordered restitution
  • Cannot have any pending charges or retainers
  • Must have no arrests or convictions since being released
  • Must have completed sentence, probation, or supervision
  • Required hearing
  • Must complete a 7-year waiting period

Seasoned Civil Rights Restoration Attorneys

Those who meet the requirements set for their specific crime have the freedom to acquire legal representation to pursue civil rights restoration. The Orlando civil rights restoration lawyers at The Umansky Law Firm are here to go to work for you. Our attorneys are well-versed in appellate law and understand what it takes to have a successful appeal. Trust us to help get you back to leading a normal life. Contact us today at 407-228-3838 for a free case evaluation.