Clerk of Court

Q: How can a person go about having their civil rights restored?
A: Under Florida Statutes 944.292, upon conviction of a felony as defined in s. 10, Art. X of the State Constitution, the civil rights of the person convicted shall be suspended in Florida until such rights are restored. The right most often referred to our office is the right to vote. Per Florida Statute 940.05, any person who has been convicted of a felony crime may be entitled to the restoration of all the rights of citizenship enjoyed prior to conviction if they have 1) Received a full pardon from the board of pardons; 2) Served the maximum term of the sentence imposed; or (3) Been granted final release by the Parole Commission
When a person intends to apply for restoration of civil rights, an application form must be completed that will require the submission of a certified copy of the applicant's indictment or information, the judgment adjudicating the applicant guilty, and the sentence. It will also require the applicant to send a copy of the application to the judge and prosecuting attorney of the court of the conviction giving them notice of same. The certified copies shall be furnished by the clerk of court's office.
For those persons wishing to have their civil rights restored who are under supervision (probation), it is required of the agent of the Department of Corrections to obtain the forms, assist with the completion of the forms, and ensure that the application and necessary material are forwarded to the Governor before the offender is discharged from supervision. Others may obtain the application form along with an informational sheet from our local Supervisor of Elections, Doris Shiver Gibbs.
The application form itself is a fairly simple, one-page application with fill-in-the-blank questions. Letters may be submitted along with the application in support of the restoration of civil rights. When complete, the application is sent to the Office of Executive Clemency in Tallahassee. A clemency board will make a review and you may be contacted by the Parole Commission before a decision is made.
If you have questions or comments about this column, please forward them to: Marcia Johnson, Clerk of the Court, 33 Market Street, Ste. 203, Apalachicola, FL 32320, or by email to: mmjohnson@franklinclerk.com. Visit the Clerk's website at www.frankilinclerk.com.