Petition / Application for Restoration of Civil Rights

PETITION / APPLICATION FOR RESTORATION OF CIVIL RIGHTS

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PETITION FOR RESTORATION OF CIVIL RIGHTS

COMES NOW Petitioner, [Full Legal Name], and respectfully petitions/applies for restoration of the civil rights identified herein, and in support states as follows:

I. PETITIONER INFORMATION

☐ Full Legal Name: [____________________________________]

☐ Any Former Names / Aliases: [____________________________________]

☐ Date of Birth: [__/__/____]

☐ Current Address: [____________________________________]

☐ Telephone: [____________________________________]

☐ Email: [____________________________________]

☐ Social Security Number (last 4): XXX-XX-[____]

☐ State of Citizenship / U.S. Citizen: ☐ Yes ☐ No (Status: [____________])

☐ Continuous Residence in this State Since: [__/__/____]

II. CONVICTION INFORMATION

A. Underlying Conviction(s)

B. Additional Convictions (if any)

III. COMPLETION OF SENTENCE

Petitioner certifies, with documentary support attached, that all terms of the sentence(s) above have been fully completed:

☐ Incarceration completed / discharged on: [__/__/____] (Exhibit [____])

☐ Parole / post-release supervision completed: [__/__/____] (Exhibit [____])

☐ Probation completed: [__/__/____] (Exhibit [____])

☐ Mandatory supervision / supervised release completed: [__/__/____] (Exhibit [____])

☐ All ordered programs / treatment / community service completed: [__/__/____] (Exhibit [____])

Legal Financial Obligations (LFOs) — CRITICAL FOR FLORIDA AND OTHER LFO-CONDITIONED STATES

☐ Restitution: ☐ Paid in full on [__/__/____] ☐ Outstanding balance: $[____________]
Documentation: [____________________________________]

☐ Fines: ☐ Paid in full on [__/__/____] ☐ Outstanding balance: $[____________]
Documentation: [____________________________________]

☐ Court costs: ☐ Paid in full on [__/__/____] ☐ Outstanding balance: $[____________]
Documentation: [____________________________________]

☐ Statutory fees: ☐ Paid in full on [__/__/____] ☐ Outstanding balance: $[____________]
Documentation: [____________________________________]

☐ LFOs converted to civil lien / community service / modified by court order:
Order date: [__/__/____] (Exhibit [____])

☐ Petitioner has sought / received an advisory opinion from the Division of Elections or comparable body confirming eligibility (where available): ☐ Yes — attached as Exhibit [____] ☐ No

FLORIDA NOTE. Pursuant to Fla. Stat. § 98.0751 and the Florida Supreme Court's interpretation of Amendment 4, Petitioner acknowledges that all monetary terms of the sentence — including restitution, fines, costs, and fees — must be satisfied (paid, converted, or formally modified by the sentencing court) before voting rights are restored. Petitioner has confirmed satisfaction through:

☐ Clerk of Court payoff letter / certified ledger
☐ Florida Commission on Offender Review records
☐ Division of Elections advisory opinion under Fla. Stat. § 98.075(5)
☐ Court order modifying LFOs
☐ Other: [____________________________________]

IV. RIGHTS SOUGHT TO BE RESTORED

Petitioner respectfully requests restoration of the following civil rights:

☐ Right to vote in state, local, and federal elections

☐ Right to register to vote

☐ Right to hold public office (elective or appointive)

☐ Right to serve on a jury (petit and grand)

☐ Right to serve as a notary public

☐ Right to hold professional, occupational, or business licenses previously affected by the conviction (specify: [____________________________________])

☐ Right to possess, receive, ship, or transport firearms and ammunition under state law (subject to federal limitations — see Section VII)

☐ Right to obtain or renew a state-issued concealed-carry / handgun license (state law only)

☐ Other state civil right: [____________________________________]

V. STATUTORY / CONSTITUTIONAL BASIS — JURISDICTION-SPECIFIC

A. Florida — Constitutional Amendment 4 (2018) and Fla. Stat. § 98.0751

☐ Petitioner has completed all terms of sentence under Fla. Const. Art. VI, § 4, including incarceration, parole, probation, and all legal financial obligations as defined by Fla. Stat. § 98.0751. The underlying conviction is not for murder or a felony sexual offense (which require clemency).

☐ For murder or felony sexual offense: Petitioner applies to the Florida Board of Executive Clemency under the Rules of Executive Clemency.

B. California — Proposition 17 (2020); Cal. Const. Art. II, § 4; Cal. Elec. Code § 2101

☐ Petitioner has completed any state or federal prison term and is therefore eligible to register and vote, including while on parole, probation, post-release community supervision, mandatory supervision, federal supervised release, or while in jail other than for a felony prison commitment.

C. Texas — Tex. Elec. Code § 11.002(a)(4)

☐ Petitioner has fully discharged the sentence, including any term of incarceration, parole, or supervision, or has received a full pardon; voting eligibility is automatic upon discharge.

D. New York — N.Y. Elec. Law § 5-106 (as amended 2021, S.7104A)

☐ Petitioner is not currently incarcerated for a felony; voting rights are restored upon release from incarceration, regardless of parole or supervision status.

E. Virginia — Va. Const. Art. II, § 1; Art. V, § 12

☐ Petitioner applies to the Governor of Virginia for individualized restoration of political rights. Petitioner acknowledges that gubernatorial restoration procedures and scope have been the subject of recent litigation and policy change.

F. Federal Conviction — Petitioner Acknowledges

☐ Petitioner's conviction is a federal conviction. State restoration cannot restore federal rights. Petitioner has applied / will apply for a presidential pardon and/or relief under 18 U.S.C. § 925(c) (noting that § 925(c) relief has been unavailable to individuals since 1992 due to congressional defunding of the ATF program). See Beecham v. United States, 511 U.S. 368 (1994).

G. Other Jurisdiction

☐ Statutory / Constitutional Authority: [____________________________________]

☐ Procedure: ☐ Automatic ☐ Court Petition ☐ Gubernatorial Restoration ☐ Pardon Board ☐ Other: [____________]

VI. EVIDENCE OF REHABILITATION (if discretionary)

☐ Time since completion of sentence: [____] years, [____] months

☐ Subsequent criminal history: ☐ None ☐ As follows: [____________________________________]

☐ Employment history since release: [____________________________________]

☐ Education / vocational training completed: [____________________________________]

☐ Community service / civic engagement: [____________________________________]

☐ Treatment, counseling, or recovery programs: [____________________________________]

☐ Letters of recommendation / character references attached: ☐ Yes (Exhibit [____]) ☐ No

☐ Statement of remorse and rehabilitation (attached as Exhibit [____])

VII. FEDERAL FIREARMS CAVEATS — MANDATORY ACKNOWLEDGMENT

Petitioner acknowledges and understands the following federal limitations:

☐ 18 U.S.C. § 922(g)(1) prohibits any person convicted of a crime punishable by imprisonment exceeding one year (i.e., a felony) from possessing, shipping, transporting, or receiving any firearm or ammunition affecting interstate commerce.

☐ 18 U.S.C. § 921(a)(20) defines "conviction" and provides that a state conviction does not count for federal firearms purposes if the petitioner has had civil rights restored — unless the restoration expressly provides that the petitioner may not possess firearms. Restoration of voting rights alone, without firearm rights, is generally insufficient to remove the federal disability in most circuits.

☐ 18 U.S.C. § 921(a)(33) governs misdemeanor crimes of domestic violence; restoration of rights provisions apply, but loss of firearm rights for a domestic-violence misdemeanant can attach without ever losing other civil rights, limiting the § 921(a)(20) exception (see Logan v. United States, 552 U.S. 23 (2007)).

☐ Beecham v. United States, 511 U.S. 368 (1994). State-law restoration of civil rights does not lift federal firearm disability for a federal conviction; only a federal pardon or federal relief mechanism can do so.

☐ 18 U.S.C. § 925(c). The federal "relief from disabilities" application program has been unfunded by Congress every year since 1992, and the Bureau of Alcohol, Tobacco, Firearms and Explosives is barred from processing individual applications. As a practical matter, § 925(c) relief is unavailable to individuals at this time.

☐ Presidential pardon. A federal conviction can be relieved only by presidential pardon.

☐ State concealed-carry permits. Even where state firearm rights are restored, a federal disability survives unless properly lifted; carrying a firearm under a state permit while subject to federal disability remains a federal felony.

☐ Petitioner has consulted with counsel regarding federal firearm disabilities and elects to proceed: ☐ Yes ☐ No

VIII. COLLATERAL CONSEQUENCES NOT NECESSARILY REMOVED

Petitioner understands that restoration of civil rights may not automatically:

☐ Vacate or expunge the underlying conviction;

☐ Remove sex-offender registration obligations;

☐ Eliminate immigration consequences;

☐ Remove all professional or occupational licensing bars (some are categorical by statute);

☐ Restore eligibility for certain federal benefits or security clearances;

☐ Remove the conviction from criminal-history background checks.

IX. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court / Governor / Board:

1. Find Petitioner eligible for restoration of civil rights under the cited authority;

2. Enter an order / grant restoring the civil rights identified in Section IV;

3. Direct the Secretary of State, Department of Elections, Department of Justice / State Police, and other appropriate agencies to update their records to reflect the restoration;

4. Issue a certificate or instrument of restoration suitable for presentation to election officials, licensing authorities, and other interested parties;

5. Grant such other and further relief as is just and proper.

X. VERIFICATION

I, [Full Legal Name], declare under penalty of perjury under the laws of the State of [____________] and the United States that the foregoing is true and correct, and that I have not knowingly omitted any material fact.

Executed on [__/__/____] at [_______________, __________].

_______________________________________________
[Petitioner Signature]

XI. SIGNATURE OF COUNSEL

Dated: [__/__/____]

Respectfully submitted,

_______________________________________________
[Attorney Name]
[State] Bar No. [____________]
[Firm Name]
[Address]
[Telephone] | [Email]
Counsel for Petitioner

CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing, with all exhibits, was served upon:

☐ Office of the Attorney General: [____________________________________]
☐ Office of the District Attorney / Prosecuting Authority: [____________________________________]
☐ Secretary of State / Division of Elections: [____________________________________]
☐ Department of Corrections / Probation / Parole: [____________________________________]
☐ Board of Executive Clemency / Pardon Board: [____________________________________]
☐ State Police / Department of Public Safety (firearms registry): [____________________________________]
☐ Florida Commission on Offender Review (if applicable): [____________________________________]
☐ Other: [____________________________________]

by ☐ U.S. Mail ☐ Hand Delivery ☐ Electronic Filing ☐ Email.

_______________________________________________
[Signature]

EXHIBITS

PROPOSED ORDER / CERTIFICATE (Attach as Separate Document)

Sources and References

• Fla. Const. Art. VI, § 4 (Amendment 4, 2018)
• Fla. Stat. § 98.0751 (SB 7066, 2019) — completion of all terms of sentence, including LFOs
• Advisory Opinion to the Governor re: Implementation of Amendment 4, 288 So. 3d 1070 (Fla. 2020)
• Cal. Const. Art. II, § 4; Cal. Elec. Code § 2101 (Proposition 17, 2020)
• Tex. Elec. Code § 11.002(a)(4)
• N.Y. Elec. Law § 5-106 (as amended by S.7104A, 2021)
• Va. Const. Art. II, § 1; Art. V, § 12
• 18 U.S.C. §§ 921(a)(20), 921(a)(33), 922(g)(1), 925(c)
• Beecham v. United States, 511 U.S. 368 (1994)
• Logan v. United States, 552 U.S. 23 (2007)
• Florida Commission on Offender Review; Division of Elections advisory-opinion process under Fla. Stat. § 98.075(5)
• ATF, "Federal Firearms Disabilities and § 925(c)" (program unfunded since 1992)