After spending seven years in prison following his 1996 federal conviction for possession and distribution of cocaine, former Florida State Seminole and Miami Dolphin Sammie Smith has won restoration of his civil rights. Sitting as the state Clemency Board, Gov. Charlie Crist and the independently elected Cabinet voted Thursday to restore his civil rights following testimony from family members, former Florida State Coach Bobby Bowden and others.
In Florida, a felony conviction means the loss of civil rights, including the right to vote, hold public office, serve on a jury, possess a firearm or concealed weapon, and the right to be employed within certain occupational specialties. These restrictions continue to exist following the completion of a jail, state prison and/or probationary sentence.
The civil rights of a convicted felon are stripped until successfully restored through a lengthy clemency process. If you were convicted in a Florida state court, the Department of Corrections will automatically submit an electronic application to the Parole Commission following completion a state prison or probationary sentence for eligibility review.
For those convicted of less serious and minor felonies, an automatic approval of an application is made pursuant to the Rules of Executive Clemency. As a Level I offender, a convicted felon has completed their jail or prison sentence and/or probation, paid restitution, and has no pending charges or detainers. Upon verification of all Level I requirements, the application will be submitted to the Executive Clemency Board on an Executive Order for approval.
For those convicted of more serious felony offenses, with the exception of murder and sex crimes, a more stringent process is followed. While some Level II offenders may obtain a restoration of civil rights without a hearing, most - like Sammie Smith - do not. In addition to the Level I requirements, the more serious offender must also undergo a mid-level investigation by the Florida Parole Commission.
Assuming that a Level II offender passes the mid-level investigation, their application will be provided to the Executive Clemency Board for a 30-day review. If the governor and two members of the Clemency Board approve the application, a certificate of restoration of civil rights will be issued. If the application is denied, a full investigation and hearing will be required.
For those convicted of a felony offense in another state, a review of applicable laws should be made. Although some states automatically restore civil rights upon completion of a jail, prison and/or probationary sentence, a few never revoke citizenship rights at all. If civil rights were restored prior to becoming a Florida resident, an application to the Office of Executive Clemency is not required.
For those convicted of a felony offense who served a county jail sentence of less than one year, the automatic submission rules of the Florida Department of Corrections are not applicable. The former offender should submit an application with the Office of Executive Clemency for restoration of civil rights.
For those convicted of a felony offense in a federal or military court, the automatic submission rules of the Florida Department of Corrections are also not applicable. The former offender should submit an application with the Office of Executive Clemency. Unlike rules that allow a convicted state felon to apply for restoration of firearms privileges following the expiration of sentence and passage of eight years, a federal or military offender is forever barred from possessing a firearm under federal law.
For those offenders who have pled guilty or no contest to a state felony and have had adjudication of guilt withheld, a restoration of civil rights is not required. Although not deemed a "convicted felon" in Florida, an individual is prohibited from purchasing or possessing firearms for three years following release from supervision under the rules of the Florida Department of Law Enforcement's Firearms Purchase Program.
To initiate the clemency process in Florida, a previously convicted felon should submit an online application at www.fpc.state.fl.us. By clicking on the "clemency" tab, an individual can also determine whether rights previously lost through a felony conviction have been automatically restored through the Florida Department of Corrections and even print a certificate of restoration of civil rights. For more information, contact the Office of Executive Clemency at 850-488-2952.
Source: The Credit Report with Bill Lewis - Highlands Today, an edition of the Tampa Tribune - Media General Group http://www2.highlandstoday.com/content/2010/jun/06/lc-convicted-of-a-felony---restore-your-civil-righ/
To review Bill Lewis' entire consumer protection series at the Highlands Today, visit www.williamlewis.us.
William E. Lewis Jr. is a credit repair expert with Credit Restoration Consultants and host of "The Credit Report with Bill Lewis" on AM 1470 WWNN, a daily forum for business and financial news, politics, economic trends, and cutting edge issues.
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