restoration.ccresourcecenter.orgRestoration of Rights Project

: State-specific guides to restoration of rights, pardon, expungement, sealing & certificates of relief – Collateral Consequences Resource Center Home About Contact CCRC NACDL NLADA HIRE A partnership of the Collateral Consequences Resource, National Association of Criminal Defense Lawyers, National Legal Aid & Defender Association, National HIRE Network, and Association of Prosecuting Attorneys. -- : State-specific guides to restoration of rights, pardon, expungement, sealing & certificates of relief Select a jurisdiction Federal Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming 50-state comparisons 50-State Reintegration Report Card Civil & Firearms Rights Pardon Policy & Practice Expungement, Sealing & Other Record Relief Marijuana Legalization & Expungement Criminal Record in Employment & Licensing Relief from Sex Offender Registration 50-State Essays: The Many Roads to Reintegration Legislative report: 2019 reforms Federal | Read the Full Profile | Summary: Loss & restoration of civil/firearms rights State law governs loss and restoration of the right to vote in federal or state elections, as well as eligibility for state jury service and state public office, for people with state or federal convictions. Federal jury eligibility is lost upon conviction in state or federal court of a crime punishable by more than one year if a person’s “civil rights have not been restored.” Federal law does not prevent holding federal office based on a conviction. Federal firearms disabilities are removed for those with state convictions by various state law restoration mechanisms, and for those with federal convictions by a presidential pardon. Federal law does not prohibit possession of antique firearms. Read more Pardon policy & practice The president’s constitutional authority to pardon is unlimited and considered unreviewable in the courts. The president has relied historically upon advice from the Department of Justice. Under justice clemency rules, a person becomes eligible to apply for a pardon five years after imposition of sentence or release from confinement; there is no public hearing and no limit on time for decision. A pardon relieves legal disabilities and signifies rehabilitation, but it does not expunge or seal the record. Presidential pardons have been sparing since 1980 and the process irregular under the incumbent president. (Sentence commutations, the other main form of executive clemency, have also been infrequent under most recent presidents.) Read more Expungement, sealing & other record relief There is no general authority to expunge or seal any federal conviction, and federal courts have very limited inherent authority to grant record relief. Deferred adjudication is authorized for first misdemeanor drug possession, with expungement if the defendant was under age 21 at time of offense. Read more Criminal record in employment & licensing Effective in 2021, federal agencies and contractors may not inquire into an applicant’s criminal history until after a conditional offer has been made. The Equal Opportunity Employment Commission has interpreted Title VII of the Civil Rights Act of 1964 to bar employers from discriminating against individual based on their criminal history, absent justifying business necessity. At the same time, federal law also disqualifies individuals with certain convictions from employment in the banking and transportation sector, and in a wide variety of state-licensed jobs in healthcare and education. Read more | Return to Top | Alabama | Read the Full Profile | Summary: Loss & restoration of civil/firearms rights A person convicted of one of 47 disqualifying felonies—including murder, sexual assault, drug trafficking, and some property crimes—loses the rights to vote, to run for state office, and to serve on a jury. The right to vote is restored upon application after completion of sentence, including payment of fines and restitution, so long as no other charges are pending. This expedited restoration process does not apply to persons convicted of serious violent or sex offenses who may vote only if pardoned by the governor. The rights to run for office, serve on a jury, or possess a handgun can only be restored by a pardon. Restoration process also applies to those with federal and out-of-state convictions. A person convicted of a violent crime loses the right to possess a handgun. This right can only be restored by a pardon. Read more Pardon policy & practice An independent board appointed by the governor exercises pardon power independent of the governor, except in capital cases. The board must make an annual report to governor. A person is eligible to apply upon completion of sentence or after three years of permanent parole. The application form is simple (“intended to facilitate application by individuals who lack formal education”) and is filed with the local probation office. A public hearing is required, with notice to officials and victim, with reasons given if denied. There is a separate paper procedure for restoration of civil rights, also available to people with federal and out-of-state convictions. The effect is as specified in grant, but a pardoned conviction is not sealed and serves as a predicate. Pardons are frequent and the process regular and governed by statute; process takes about one year. More than 500 full pardons are granted each year, 80% of those who apply, plus many more rights restorations. Read more Expungement, sealing & other record relief Record relief : There is no general authority to expunge or seal adult convictions, including pardoned convictions, with one exception: victims of human trafficking may petition the court to expunge convictions of misdemeanors and some felonies, including certain violent felonies, that are related to trafficking. Expungement is authorized for non-convictions: where a misdemeanor or non-violent felony charge did not result in conviction, including where a charge was dismissed after successful completion of various diversion programs (drug, mental health and veterans’ court), or where any felony charge resulted in acquittal. Petition seeking expungement may be filed 90 days after dismissal with prejudice; for dismissal without prejudice, after two years for misdemeanors and five years for felonies. There is an administrative fee of $300. If the prosecutor or victim object a hearing is held, and the court has discretion to grant relief. Proceedings expunged “shall be deemed never to have occurred,” except that they must be disclosed to any government regulatory or licensing agency, any utility and its agents and affiliates, or any bank or other financial institution. Juvenile records may be sealed on petition two years after final discharge or other final order, and destroyed five years after the age of majority, if the person has no prior conviction, adjudication, or pending proceeding involving violence, drugs, weapons, or sexual offenses, and any such subsequent conviction or adjudication nullifies the sealing. Judicial certificate : An individual who is legally barred from obtaining a specific occupational license due to a conviction may apply to the court for an “Order for Limited Relief” to permit discretionary consideration on the merits. Read more Criminal record in employment & licensing An individual who is legally barred from obtaining a specific occupational license due to a conviction may apply to the court for an ...