How do I apply for my civil rights back after being convicted of a felony?
I was convicted of a non-violent Class D felony in 2006, what is the proper time period to wait and the proper procedure for filing?
A civil rights claim is reserved for people that have had their rights violated by the state/federal government. In order to make out a claim for a violation of your civil rights arising out of an arrest, you generally need to have the case against you dismissed or have the charges not pursued (i.e. nolle). The time period for filing these claims is fixed by statute and can be anywhere from 1-2 years from the date of the occurrence. Without knowing what the basis for your civil rights claim is I am not able to give you a definitive answer. However, I suggest that you not hesitate if you believe you have a valid claim. If you are referring to an appeal as opposed to a claim, you need to speak to a lawyer about this as the window of time is less than 30 days from the conviction in most states. Hire a lawyer to review your claim. Most lawyers will meet with you the first time for free.
You will re-gain your civil rights at such time as the conviction is "expunged" (ie cleared from your record). Under Kentucky states most felony convictions cannot be expunged at this time, with the exception of Class D drug felonies (pursuant to KRS 431.078).
What's eligible: All misdemeanors and Class D felony drug possession (no other felony conviction).
Limits: One case, involving any number of charges, every 5 years.
Exceptions: Sex offenses or crimes against children aren't eligible.
Filing form: Form AOC-496.
Filing fee: $25.
Requirements: Must wait 5 years after conviction, 7 years if probation was applied to case; no other convictions within 5-year period before expungement sought.
Judge's options: No discretion. Judge must grant expungement if applicant meets requirements.
Who's notified: Prosecutors and victims.
Case access: No access except to defendant by court order. Not subject to public records laws.
For more detailed information read: http://www.examiner.com/x-3747-Louisville-City-Hall-Examiner~y2009m2d19-Wiping-the-slate-clean