Legal Question in Criminal Law in Washington
Reinstating rights after conviction
My husband was convicted of a felony about 6 years ago (assault). When can we request reinstatement of his rights (voting & right to bear arms)? How do we go about starting that process?
1 Answer from Attorneys
Re: Reinstating rights after conviction
The right to vote, along with serving as a juror and holding elected office, is restored with the issuance of a Certificate and Order of Discharge upon successful completion of supervision (probation). If there are remaining obligations, e.g. financial or a continuing restraining order when probation is scheduled to end, supervision is terminated without a Certificate. In such cases, the offender has the burden of obtaining a Certificate.
Restoration of the right to possess firearms requires a separate petition and order, and certain eligibility requirements must be met. You can find a summary of the requirements at www.washrecord.com.
Essentially, if the offender has spent more than 5 years in the community since being discharged from supervision, and has not been convicted of ANY subsequent criminal offense, s/he should be eligible.
Note that the Certificate and Order of Discharge is necessary to remove firearm prohibitions under federal law.
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