Jurisdiction — Time of Application

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Restoration of Citizenship
  5. General Provisions
  6. Jurisdiction — Time of Application

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  1. Persons rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have their full rights of citizenship restored by the circuit court.
  2. Those pardoned, if the pardon does restore full rights of citizenship, may petition for restoration immediately after the pardon; provided, that a court shall not have jurisdiction to alter, delete or render void special conditions of a pardon pertaining to the right of suffrage.
  3. Those convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed for the infamous crime.

Code 1858, § 1994 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3635; Code 1932, § 7183; Acts 1981, ch. 345, § 7; T.C.A. (orig. ed.), § 40-3701; Acts 1983, ch. 207, § 2.

Cross-References. Acts purging registration, §2-2-106.

Duties of election coordinator, §2-11-202.

Judgment of infamy, §40-20-112.

Qualified voters, §2-2-102.

Registration information, §2-2-116.

Restoration of suffrage to persons convicted of infamous crimes, §2-2-139.

Suffrage for persons convicted of infamous crimes, §2-19-143.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.223.

Tennessee Jurisprudence, 6 Tenn. Juris., Citizenship, § 2; 25 Tenn. Juris., Witnesses, § 16.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

Attorney General Opinions. Felons obtaining handgun carry permit after restoration of rights, OAG 97-169 (12/22/97).

If a felon not sentenced to the penitentiary was convicted on and after July 1, 1986, but before July 1, 1996, he or she must obtain a “certificate of restoration” under T.C.A. §40-29-105(b)(3); however, the “full restoration of rights” provided for under that section does not restore the right to possess a handgun to persons convicted of a felony involving the use or attempted use of force, violence or a deadly weapon. To the extent that OAG 97-169 could be read to suggest that otherwise eligible penitentiary-sentenced inmates have their full rights of citizenship restored for handgun purposes by issuance of a certificate of restoration, it is hereby withdrawn, OAG 02-119 (10/24/02).

A pre-1998 form titled “Restoration of Voting Rights” is sufficient for issuance of handgun carry permit to non-penitentiary-sentenced felons convicted between 1986 and 1996 if executed by the proper authority at the time it was the officially prescribed form, OAG 02-119 (10/24/02).

An otherwise eligible felon convicted during the 1986-1996 period and sentenced to the penitentiary must obtain restoration of his or her “citizenship rights” by court order according to the procedures outlined in T.C.A. §§40-29-101 and40-29-102 before obtaining a handgun permit, OAG 02-119 (10/24/02).


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