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  1. #1
    Join Date
    Feb 2014
    Posts
    3

    Default 1989 Over Due Civil Rights Restoration

    My question involves civil rights in the State of: Florida
    In 1987/1989 I was charged with possession of marijuana (87) and Throwing a rock at a school bus (88), which I cant remember what a plead , I remember I was given probation and that was the end of that. I researched that back then (1996) the laws stated that after 7 years have gone by (no other issues or monies owed in that case) my civil rights were going to be automatically restored without me having to request it. Well, in 1995 my ex-girlfriend (girlfriend at the time) claimed i struck her and I was arrested (no photo proof of abuse, no ambulance called, no precautionary trip to hospital), 21 days later I was released and ALL charges dropped!

    I recently (3/2013) took a course for class D & G security licenses and now (2/2014) i received a letter stating my licenses were denied due to civil rights not being restored. contacted the the Clemency Board and explained that my rights were supposed to be restored back in 1996 but they're saying its going to take 3-4 years before they can review my case because they are reviewing cases from 2005.

    Is there another option to have them review my case quicker being that they failed to restore them 18 years ago?
    Can I hire an attorney and sue the great state of Florida and/or Dade County for their failure/improper handling of my civil rights?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: 1989 Over Due Civil Rights Restoration

    where did you get that your rights would be restored automatically? Anything I am finding states you have to apply to have your rights restored. There are cases that require a hearing and those that don't but both must be initiated by the person by filing an application.

  3. #3
    Join Date
    Feb 2014
    Posts
    3

    Default Re: 1989 Over Due Civil Rights Restoration

    I currently dont find the site I found it on, but if I read it right the law changed sometime after 1996 (no request needed) to then stating the felon had to request for his/her civil rights to be restored.

    Will search for site again......

    - - - Updated - - -

    I think this is he article that I read:
    http://www.politifact.com/florida/statements/2013/dec/12/dan-gelber/dan-gelber-says-charlie-crist-got-approved-automat/

  4. #4
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: 1989 Over Due Civil Rights Restoration

    from that article:

    Legislators passed a bill in 1974 that included automatic reinstatement, but the Florida Supreme Court declared that unconstitutional because it bypassed the governor’s clemency power.
    The 1975 rule that Askew promoted included automatic reinstatement after a person was released from prison or parole, with the exception of the right to own or possess firearms.
    In the early 1990s, Gov. Lawton Chiles tightened the rules, which made it harder for ex-felons to regain their rights.
    Gov. Jeb Bush then took steps to simplify the process. (For example the application shrank from 12 pages to one.)

    a G license includes a license to carry a weapon, does it not? If so, or if the D does, then I suspect there was no automatic rights restoration regarding the gun rights in the era you speak of. If that is the case, then it would have required you to apply for the restoration of the gun rights and since you didn't, they weren't. Your error, not theirs.

  5. #5
    Join Date
    Feb 2014
    Posts
    3

    Default Re: 1989 Over Due Civil Rights Restoration

    I see. Correct the G is for firearm carry but the D is for unarmed basic security work and I was denied on both. Well, I guess my next step is to hire an attorney to assist me in regaining my rights so that I can return to work. If attempt on my own its going to be 3-4 years before they even look at my case, I cant stay unemployed 3-4 yrs. And there's no way of supporting myself, a daughter in college and another daughter in high school (both drive their own cars) on a Burger King salary (or any other low paying job)!
    Any advise on type of attorney to hire? (civil rights,criminal?)

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