The Tennessee legislature has laid out a procedure to restore citizenship for those convicted of an "infamous" crime, more generally known as a "felony". A recovery of citizenship has some limitations, but it largely restores one's civic standing to the level it was prior to conviction.
Tennessee Code Annotated 40-29-101 through 40-29-106 lays out the requirements for restoring one's citizenship. The law has changed, so that the rules applying to person convicted (not charged, convicted) after June 30, 1996 are somewhat different than for those before. Here we will deal with individuals convicted after June 30, 1996.
Attorney Tennessee
Restoration can be had through a governor's pardon or through petitioning the circuit court. Pardons can be hard to come by, so most individuals will have to appeal the circuit court for recovery of citizenship. Jurisdiction lies in two places: the county where the offense occurred and the county where the petitioner currently resides. As a matter of practice, it is easier to appeal where the crime occurred as the considerable documentation about the crime is already present and assuredly accessible by the district attorney and the court.
There are a few basic requirements that must be met before one is considered eligible to have his possession restored. It is the burden of the petitioner to institute eligibility. One must show in the appeal the reasons one thinks his possession should be restored, including demonstrating that the "maximum sentence imposed by the court for the infamous crime" has expired and that one merits restoration. As in, hasn't been a problem since the crime occurred and the sentence has expired.
The presumption is in favor of the petitioner. The state can oppose the appeal but by the preponderance of the evidence show that you are "not eligible for recovery or there is otherwise good cause to deny the petition." In practice, unless there is some glaring reason not to restore your rights, the district attorney will remain silent on the petition.
Once the appeal is filed, the court must contribute thirty days observation to the district attorney prior to scheduling a hearing. If the crime was in federal court, the Us Attorney in the judicial district where the crime occurred must also be notified.
Once a hearing is conducted and the appeal is granted, the court will sign an order and send a copy of the order to the administrator of elections in the county where you would vote. You, however, must take a certified copy of the order to the election commission yourself in order to register to vote. Those convicted of murder, rape, treason or voter fraud can never have their eligibility to vote restored.
Technically, restoring your possession under Tennessee law restores your right to own a long arm under state law (those convicted of violent or drug linked felonies are expressly prohibited from owning handguns forever pursuant to T.C.A 39-17-1307). Generally, federal law says a state recovery of possession enables a federal recovery of rights. Unfortunately, federal law also says that you cannot own any firearm if state law puts any restriction on firearm ownership. Therefore, it is legal to own a rifle under state law, but not under federal law. Illegal firearm possession under federal law requires a minimum five year prison sentence.
All costs linked to possession recovery are to be borne by the petitioner. Because the appeal and recovery process is so complex, it is always advisable to seek legal counsel prior to getting started.
How to Restore Your Civil ownership in Tennessee
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