Lincoln Black Media

Restoration of Civil/Firearms Rights in Alabama: A Quick Guide

1. Voting Rights

• Individuals convicted of felonies involving moral turpitude or declared mentally incompetent are disqualified from voting until their civil and political rights are restored.
• The Felony Voter Disqualification Act of 2017 narrowed the definition of disqualifying felonies to 47 specified offenses.
• Expedited restoration is available for those who have completed their sentence, paid fines, restitution, and have no pending charges, except for serious violent offenses and sex offenses.
• Federal and out-of-state offenders can also apply for voting rights restoration.

2. Office/Jury Eligibility

• Those not qualified as electors are ineligible for holding state office.
• Individuals who have lost the right to vote due to conviction for an offense involving moral turpitude are not qualified to sit on a jury.
• Restoration of these civil rights requires a pardon from the Board of Pardons and Parole.

3. Firearms Rights

• Individuals convicted of a “crime of violence” are prohibited from owning or possessing a pistol unless their rights are specifically restored by pardon.
• Restoration of firearms rights is typically granted through the pardon process unless explicitly withheld.

4. Discretionary Restoration Mechanisms

A. Pardon

• The Alabama legislature was granted pardon power in 1939, delegated to the Board of Pardons and Parole.
• Pardon applications are accepted from individuals who have completed their sentence or at least three years of permanent parole, with exceptions for innocence claims.
• A full pardon may restore all civil and political rights, but the Board may also grant pardons with restrictions.
• The application process includes a hearing, investigation, and majority vote by the Board.

B. Expedited Process for Voting Rights Restoration

• Administered by the Board, applicable to most offenses except serious violent and sex offenses.
• Applicants must have completed their sentence, including payment of fines and court costs, with no pending felony charges.
• Eligible applicants are automatically granted the right to vote unless objections are raised, in which case a hearing is scheduled.

C. Contact Information

• Alabama Board of Pardons and Parole: Link to Website

5. Judicial Sealing or Expungement

• Alabama law does not provide for expungement of adult conviction records.
• Municipal courts have previously exercised common law expungement authority, but there is no statutory provision.
• Nonconviction records of non-violent felony and misdemeanor charges can be expunged after a certain period and under certain conditions.

6. Nondiscrimination in Occupational Licensing and Employment

• Alabama applies a direct relationship test for some licenses concerning prior convictions.
• There is no general law regulating the consideration of convictions in occupational licensing and employment.

This guide provides an overview of the restoration processes for civil/firearms rights in Alabama. For detailed information and application procedures, please refer to the provided links and contact information.