HOW TO RESTORE YOUR FIREARM RIGHTS IN ARIZONA
You Might Be Able to Take Your Second Amendment Rights Back
When you’re arrested in Arizona, a criminal record is created with the Arizona Department of Public Safety Criminal History Records Division, who then forwards these records to the FBI Criminal Justice Information Services Division, making his or her records available to be found when conducting a background check.
This Information Is For You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.
Set Aside a Felony Conviction to Get Your Firearm Rights Back
Arizona law allows for the setting aside of both misdemeanor and felony convictions in many situations under ARS 13-907, but not every criminal record qualifies. There are certain offenses that currently cannot be set aside under Arizona law, and you must also receive a final discharge from the terms of your sentence. In addition to meeting these requirements, you must then convince a judge, justice of the peace, or magistrate that you deserve to have your conviction set aside.
- General Requirements to Set Aside a Convictionexpand_more
One of the first conditions of conviction set-asides under ARS 13-908 defines “final discharge” as the completion of probation or the receipt of an absolute discharge from the Arizona Department of Corrections or United States Bureau of prisons.
- 1. Complete Your Sentenceexpand_more
Simply, you must have completed all aspects of the terms of your sentencing imposed by the court. All the waiting periods relating to setting aside Arizona convictions or restoring firearm rights use this definition of final discharge as a starting point.
- 2. Factors the Court Will Considerexpand_more
The Arizona legislature recently amended
The nature and circumstances of the offense that the conviction is based on;
The applicant’s compliance with the conditions of probation, the sentence imposed and any state department of corrections’ rules or regulations, if applicable;
Any prior or subsequent convictions;
The victim’s input and the status of victim restitution, if any;
The length of time that has elapsed since the completion of the application sentence;
The applicant’s age at the time of the conviction;
Any other factor relevant to the application.
As you can see from this list of factors, the judge has a lot of discretion in granting your set aside. In addition, certain counties like Maricopa County are generally more hesitant to grant set asides, particularly for those that have only been recently discharged from their sentence. For example, in the case of Maricopa County, it’s preferable to wait at least two years from final discharge with one conviction, and around five years with more than one conviction.
- 3. What Offenses are Ineligible to be Set Aside?expand_more
The following types of criminal convictions cannot be set aside under current Arizona law:
Offenses involving the infliction of serious physical injury with the use or exhibition of a deadly weapon or dangerous instrument, or a “Dangerous Offense”
Offenses where the person is required or ordered by the court to register as a sex offender under ARS 13-3821
Offenses where there has been a finding of sexual motivation under ARS 13-118
Offenses where the victim is a minor under the age of 15 or
Driving on a suspended, revoked, or cancelled license under ARS 28-3473, any local ordinance relating to stopping, standing or operation of a vehicle, except for Reckless Driving under ARS 28-693 or any similar local ordinance.
A “Dangerous Offense” is defined as “an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.” In other words, if you are convicted of using a deadly weapon to seriously injure somebody, Arizona law will never allow you to restore your right to own a firearm.
- 4. Serious Offenses and Waiting Periodsexpand_more
Note that if you are seeking to set aside an offense that is not deemed a “Serious Offense” under ARS 13-910 requires that you wait ten years from final discharge instead of two years.
Under Arizona law, a "Serious offense" means any of the following offenses:
First degree murder.
Second degree murder.
Aggravated assault resulting in serious physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.
Any dangerous crime against children.
Arson of an occupied structure.
Burglary in the first degree.
Sexual conduct with a minor under fifteen years of age.
Legal Effect Of Sealing Your Arizona Conviction
- Will Setting Aside my conviction Restore my Second Amendment Rights?expand_more
Arizona law provides two different methods to restore firearm rights. If you were not convicted of a “Serious Offense” set forth in
Not everybody with an Arizona conviction can restore their constitutional right to own or possess firearms, but Arizona’s laws are favorable when compared to other states. It should be noted that you can almost never restore firearm rights based on federal convictions, and it can be very difficult if your Second Amendment rights were taken away due to a domestic violence conviction. For more information about federal firearm rights and domestic violence charges, the Department of Justice has resources you can find over
The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.
What You Need to Do to Get Rid of Your Record
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.Some of the Potential Benefits of Setting Aside Your Arrest Record in Arizona Include:
Removing a finding of guilt and closing the case on your criminal record to help you get a better job
Restoring your Second Amendment Rights to own a firearm
Becoming eligible for professional licenses you previously did not qualify for
Increased eligibility for student loans, housing assistance, and government programs
Improving your ability to obtain higher-paying job opportunities
Improving access and admission to college and other educational resources
We Are Here to Help
Each of Arizona's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Arizona criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Arizona criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Arizona criminal record.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Arizona state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!