Florida Civil Rights Restoration Frequently Asked Questions

Does this expunge my conviction?

No. Applying for a civil rights restoration only restores civil rights that you may have lost because of a conviction. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal history under Florida law, regardless of whether their civil rights have been restored.

Back to top

What civil rights are restored?

The basic civil rights that are restored are: the right to vote, the right to serve on a jury, and the right to hold public office. In addition, restoration of civil rights may allow you to be considered for certain types of employment licenses. The right to own, possess, or use firearms requires an application and there is a waiting period of eight years from the date sentence expired or supervision was terminated.

Back to top

When do I need to have my civil rights restored?

You lost your civil rights (right to vote, right to sit on a jury, right to hold public office), and the ability to apply for certain state-issued occupational licenses if 1) you have a federal or state felony conviction and you were a resident of the State of Florida when the offense and conviction occurred or 2) you have federal or out-of-state felony conviction and your rights have not been restored before you became a Florida resident.

Back to top

Am I eligible for restoration of civil rights?

You are eligible to apply for restoration of your civil rights if (1) you have completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, imprisonment, parole, probation, community control, control release, and conditional release; (2) you have paid all restitution pursuant to a court order or civil judgment and obligations; and (3) you have no outstanding detainers or pending criminal charges. However, depending on your offense there may be a waiting period or a hearing.

Back to top

How does the process work?

On April 5, 2007, the Florida Board of Executive Clemency adopted new Rules of Executive Clemency. Under these new rules, there are now three levels of approval for restoration of civil rights depending on the nature of the felony conviction. The Level I process is provided for ex-offenders who have committed less severe crimes and are immediately restored by automatic approval. The Level II process includes (a) review and approval without a hearing of civil rights for those convicted of serious offenses, except murder and sex offenses, and not declared to be a sexual predator or (b) you have remained crime and arrest fee for a period of 15 years or more. The Level III process includes a full investigation and hearing for those convicted of murder or sex offenses, sexual predators, and those that do not fall under either Level I or II.

Back to top

How do I know if I am in Level I and if my civil rights automatically restored?

There are some situations that allow for automatic restoration of civil rights. A person will have his or her civil rights under Florida Law immediately restored by automatic approval of the Clemency Board if you are eligible for restoration of civil rights (as discussed in the previous question) and the following requirements are met: •You have never been convicted of one of the following crimes: a. murder, attempted murder, attempted felony murder, manslaughter (F.S. Chapter 782); b. DUI manslaughter (F.S. 316.193(3)); c. sexual battery, attempted sexual battery (F.S. 794.011) d. lewd or lascivious battery, attempted lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition (F.S. Chapter 800); e. lewd or lascivious offense upon or in the presence of an elderly or disabled person, attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person (F.S. 825.1025); f. sexual performance by a child, attempted sexual performance by a child (F. S. 827.071); g. aggravated child abuse (F.S. 827.03); h. failure to register as a sexual predator (F.S. 775) or sexual offender ( F.S. 943.0435); i. computer pornography, transmission of computer pornography, buying or
selling of minors (F.S. Chapter 847); j. kidnapping, attempted kidnapping, false imprisonment, or luring and enticing
a child (F.S. Chapter 787); k. aggravated battery, attempted aggravated battery (F.S. 784.045); l. armed robbery, attempted armed robbery, carjacking, attempted carjacking,
home invasion, attempted home invasion (F.S. Chapter 812); m. poisoning of food or water (F.S. 859.01); n. abuse of a dead human body (F.S. 872.06); o. first degree burglary or attempted first degree burglary (F.S. 810.02); p. arson or attempted arson (F.S. 806.01); q. aggravated assault (F.S. 784.021); r. aggravated stalking (F.S. 784.048); s. aggravated battery or aggravated assault on a law enforcement officer or
other specified officer (F.S. 784.07); t. first degree trafficking in illegal substances (F.S. 893.135); u. aircraft piracy (F.S. 860.16); v. unlawful throwing, placing, or discharging of a destructive device or bomb (F. S. 790.161); w. facilitating or furthering terrorism (F.S. 775.31); x. treason (F.S. 876.32); or y. any offense committed in another jurisdiction that would be an offense listed in this paragraph if that offense had been committed in this State. •You have not been declared to be one of the following: a. Habitual Violent Felony Offender under F.S. 775.084(1)(b); b. Three-time Violent Felony Offender under F.S. 775.084(1)(c); c. Violent Career Criminal under F.S. 775.084; d. Prison Releasee Reoffender under F.S. 775.082(9)(a); e. Sexual Predator under F.S. 775.21; •You must be a citizen of the United States; and if convicted in a court other than a Florida court, you must be a legal resident of Florida.

If you did not receive a certificate of restoration of civil rights after one year from your release, we can petition the Office of Executive Clemency to have your civil rights restored. If you have been convicted of an out-of-state or federal conviction and you meet the requirements set forth above, we can petition for the restoration of your civil rights or alien status under Florida law.

Back to top

How do I know if I am in Level II?

A person will fall under Level II in two situations. The first situation allows for those convicted of serious offenses, except murder and sex offenses, and not declared to be a sexual predator. The second situation is where you have remained crime and arrest free for a period of 15 years or more.

To fall under the first situation, you must be eligible for restoration of civil rights (as discussed in the “Am I eligible for restoration of civil rights”) and the following requirements are met: •You have never been convicted of one of the following crimes: a. murder, attempted murder, attempted felony murder, manslaughter (F.S. Chapter
782); b. DUI manslaughter (F.S. 316.193(3)); c. sexual battery, attempted sexual battery (F.S. 794.011); d. lewd or lascivious battery, attempted lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition (F.S. Chapter 800); e. lewd or lascivious offense upon or in the presence of an elderly or disabled person, attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person (F.S. 825.1025); f. sexual performance by a child, attempted sexual performance by a child (F.S. 827.071);
g. aggravated child abuse (F.S. 827.03); h. failure to register as a sexual predator (F.S. 775) or sexual offender ( F.S. 943.0435); i. facilitating or furthering terrorism (F.S. 775.31); j. treason (F.S. 876.32); or k. any offense committed in another jurisdiction that would be an offense listed in this paragraph if that offense had been committed in this State. •You have not been declared to be a Sexual Predator under F.S. 775.21; •You must be a citizen of the United States; and if convicted in a court other than a
Florida court, you must be a legal resident of Florida.

The Parole Commission will conduct a mid-level investigation and, if found to be eligible, you will be placed on a preliminary review list that is submitted to the Governor. The Governor has 30 days from issuance of the preliminary review list to approve the restoration of your civil rights. If no approval is issued, a full hearing and investigation will be required.

The second situation to fall under Level II is where you have remained crime and arrest free for a period of 15 years or more. You must also meet the following requirements: •You have remained crime and arrest free for a period of 15 years or more after completion of all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, imprisonment, parole, probation, community control, control release, and conditional release; •You have paid all restitution pursuant to a court order or civil judgment and obligations; •You must be a citizen of the United States; and if convicted in a court other than a Florida court, you must be a legal resident of Florida.

Back to top

How do I know if I am in Level III?

The Level III process includes a full investigation and hearing for those who have been convicted of murder or sex offenses, sexual predators, and those that do not fall under either Level I or II.

Back to top

Can my conviction still be used against me for a future conviction?

When you restore your civil rights, it has no effect on the conviction itself. The conviction does not go away, nor is it sealed or “expunged.”

Back to top

Do I have to disclose my conviction ever?

Yes. The conviction still remains even if all of your civil rights have been restored.

Back to top

Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the government, and (3) have an attorney be your advocate at your hearing and make a compelling case for you.

Back to top

Do I have to go to court?

No. There is no court involvement in an application to restore your civil right(s).

Back to top

How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

Back to top

How long does the process take?

The process can take several months and possibly up to a year or even longer because an investigation will be conducted and the Governor must approve the restoration of civil rights. The length also depends on your individual circumstances.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

Back to top

How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

Back to top

Does it matter if I pled guilty or no contest?

No, it does not matter. What matters is the particular type of felony you plead guilty/no contest to.

Back to top

What are the details of the guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

Back to top

Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

Back to top

What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

Back to top

What if I have multiple cases?

If you have multiple felony convictions, your most serious offense will determine which level process you must complete.

Back to top

What would cause my application for restoration of civil rights to be denied?

If it is denied, it is usually because of (1) an inaccuracy in the court or police records, (2) an inaccuracy in the application, (3) you still owe fines or restitution, or (4) you are otherwise not eligible to apply.

Back to top

What if my case is denied?

If the case is denied, you cannot re-apply for at least two years from the date that your application was denied.

Back to top

Can I seal or expunge the record if I was convicted?

No. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal history under Florida law, regardless of whether their civil rights have been restored.

Back to top

Can I visit Canada after this?

Restoring your civil right(s) has no effect on the conviction itself.

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have the same information as the United States.   Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a pending case or conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

Back to top

Can I get a Sentri pass?

Restoring your civil right(s) has no effect on the conviction itself.

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

Back to top

Can I vote after this?

Yes, this process can be used to restore voting rights if they have been lost.

Back to top

Will it help with immigration?

Restoring your civil right(s) has no effect on the conviction itself.

Back to top

Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

Back to top

Will this restore my right to own a firearm?

No. To determine eligibility for restoration of the right to own a firearm, please see the section on restoring gun rights.

Back to top