Restoring Your Right to Vote
Florida is one
of only three states that strip all individuals with past felony
convictions of their civil rights, including their fundamental right
to vote, even after completion of their sentences.
Floridians
with past felony convictions lose not only the right to vote, but
also the right to serve on a jury and to hold public office.
Restoration of civil rights is also necessary to obtain certain
occupational licenses.
Close to one
million Floridians are affected by this civil rights ban. In many
instances those individuals that have lost their right to vote can
have that right re-instated. Below is information from the Florida
Rights Restoration Coalition & the Florida Parole Commission. More
information on this topic may be found at
www.restorerights.org
and
at
https://fpc.state.fl.us/FAQClemency.htm.
If you are
an individual that currently does not have your right to vote intact
due to a past conviction, PLEASE review this information and take
the necessary measures to have your civil rights restored. This is
an American right which many of our military members have paid for
with their lives.
The information contained herein is intended for
educational purposes only and does not constitute legal advice.
From the
Florida Parole Commission (https://fpc.state.fl.us):
Question:
If I
am released from custody or supervision from the Florida Department
of Corrections, how can my civil rights be restored?
At the completion of
your sentence, the Florida Department of Corrections will
automatically submit an electronic application for you to the Parole
Commission for eligibility review for restoration of civil rights
without a hearing. Your case will be processed either as Level I
(automatic approval of restoration of civil rights) or Level II
(restoration of civil rights without a hearing by preliminary review
list). (Please see Rules 9 and 10 of the Rules of Executive
Clemency.) If determined eligible as a Level I case (automatic RCR),
your name will be submitted to the Executive Clemency Board on an
Executive Order for approval. Your certificate will be mailed to
your last known address once the order has been signed.
If your case is
determined to be a Level II (restoration of civil rights without a
hearing by preliminary review list), following an investigation of
your case, your name will be provided to the Executive Clemency
Board for a 30-day review. If the Governor and two or more Board
Members approve restoration of civil rights, a certificate will be
mailed to your last known address once the order has been signed.
If you are determined
ineligible by the Commission, or are not approved for restoration of
civil rights by the Board, you will be notified that the restoration
process may continue if you contact the Office of Executive Clemency
and request a hearing and agree to participate in the investigative
process. Please note, if you have been determined ineligible under
Rules 9A1, 9A2, or 9A3, you will need to contact the Office of
Executive Clemency once these are satisfied.
If you completed a state
prison sentence or term of supervision prior to 2001 or if you
served a felony sentence in a county jail or in another state, or
with the federal government, you can request restoration of civil
rights by contacting the Office of Executive Clemency.
(Click
this link to contact the Office of Executive Clemency and/or to
search for and print your Clemency Certificate:
https://fpc.state.fl.us/ExecutiveClemencyRCR.htm )
Question:
What 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 terminated.
Question:
Do I need an attorney
to handle my application?
No, you do not need an
attorney to represent you in the clemency process.
Question:
Is there a filing fee
for the application process?
No, there is no fee
involved. This is a service provided free of charge by the State of
Florida.
Question:
If my case is scheduled
for a clemency hearing, do I have to attend the hearing?
No, it is not a
requirement for any individual to attend the clemency hearing,
although in rare cases, the Governor or any Board Member may request
that an individual appear to answer specific questions about his or
her case.
Question:
If adjudication of
guilt was withheld in my case, do I need restoration of civil
rights?
No, if adjudication of
guilt was withheld in your case, you have not lost your civil
rights. However, per the Florida Department of Law Enforcement (FDLE)
Firearms Purchase Program, you are usually prohibited from
purchasing firearms for at least three years from the date your
supervision terminated. You may contact FDLE at (850) 410-8139 for
more information.
Please review an
informational flyer from the
Florida Rights
Restoration Coalition by clicking
HERE
Florida
Rights Restoration Coalition
4500
Biscayne Blvd., Suite 340, Miami FL 33137
Tel:
877-U-Count-2 / 877-826-8682
Fax: (305)
576-1106
www.restorerights.org
info@restorerights.org