What is the Restoration of Prohibited Rights?
The restoration of prohibited rights is a special judicial decision obtained from a criminal court to restore the public rights that a person has lost due to a crime they committed. Through this decision, after the convict completes their sentence and meets certain conditions, they can regain rights such as the right to vote and be elected, enter civil service, establish associations or foundations, and obtain licenses.
So what is the restoration of prohibited rights and what does it do? Simply put, it is a legal mechanism that enables a person with a criminal record to fully reintegrate into society after completing their sentence. Therefore, questions such as “how to obtain the restoration of prohibited rights?” or “which court should the application for restoration of prohibited rights be submitted to?” are frequently researched.
As of 2025, the application for restoration of prohibited rights is submitted to the criminal court in the place where the convict resides. A petition for the restoration of prohibited rights must be prepared for the application. This petition presents information regarding the sentence, documents proving the completion of the sentence execution, and legal justifications.
Conditions for the Restoration of Prohibited Rights (Restoration of Banned Rights)
Pursuant to Article 13/A of the Judicial Records Law No. 5352, three conditions must be met simultaneously to apply for the restoration of prohibited rights. Without fulfilling these conditions, an application to the court for the restoration of banned rights cannot be made.
1. Complete Execution of the Sentence
The first condition for the restoration of prohibited rights is that the sentence received by the convict must be fully executed. Here, not only the time spent in prison is considered, but also the supervision period following conditional release.
For example; if a person sentenced to 6 years of imprisonment by a criminal court is conditionally released after serving 4 years in prison, their sentence is not considered fully executed without completing the remaining 2-year period outside. A convict whose sentence has been fully executed gains the right to apply for the restoration of prohibited rights.
2. Three Years Must Have Passed Since the Execution of the Sentence
To apply for the restoration of prohibited rights, at least 3 years must have passed since the execution of the sentence. If this period has not yet elapsed, the restoration of banned rights is not possible.
3. No New Crime Committed and Good Conduct
The third condition is that the convict must not have committed a new crime during the period following the execution of the sentence. Additionally, the court must be convinced that the person has conducted their life with “good conduct.” In practice, courts consider this condition fulfilled if the convict has not committed a new crime and has no known negative behavior in society.
Which Court Should the Application for Restoration of Prohibited Rights Be Submitted To?
There are two competent courts to which an application can be made regarding the decision for restoration of prohibited rights, namely the restoration of banned rights. The competent court for the restoration of prohibited rights is either the criminal court that issued the judgment or a court of the same level in the place where the convict resides.
1. The Court That Issued the Judgment
The application for restoration of prohibited rights can primarily be made to the court where the convict was tried and which issued the conviction decision. Because the court that originally issued the judgment has easier access to the file and conviction decision, it is the most appropriate authority for the request for restoration of banned rights.
2. A Court of the Same Level in the Place of Residence
If the convict resides in a different city from where the court that issued the conviction judgment is located, they can also apply to a court of the same level in their place of residence. For example, if a person convicted by the Izmir 1st High Criminal Court resides in Istanbul, they can submit a petition to the Istanbul Duty High Criminal Court to apply for the restoration of prohibited rights. In this case, the court in Istanbul will request the relevant file and documents from the court in Izmir and make a decision.
Right to Apply
The convict can submit a petition for the restoration of prohibited rights to both the court where they were tried and the court in their place of residence. However, in practice, since the court that issued the conviction judgment already has all the documents, it ensures a faster and easier conclusion of the process. Particularly, applications for restoration of prohibited rights heard in high criminal courts can be concluded more quickly in the court where the file is located.
Sample Petition for Restoration of Prohibited Rights (Individual Application – 2025)
TO THE ANKARA ……….. CRIMINAL COURT
FILE NO: ………
APPLICANT REQUESTING RESTORATION OF PROHIBITED RIGHTS: [Full Name]
ADDRESS: [Your Address]
SUBJECT: My request for the removal of my prohibition from public rights (restoration of prohibited rights).
EXPLANATIONS:
- I was sentenced to …………. punishment by the decision of the …………. Criminal Court dated …………. and numbered ………….
- The aforementioned sentence has been fully executed. Three years as stipulated in Article 13/A of the Judicial Records Law No. 5352 have passed since the completion of the execution.
- During this period, I have not committed any crime and have conducted my life in society with “good conduct.”
- As the conditions have been met, my right to request the restoration of banned rights has arisen.
LEGAL GROUNDS:
- Judicial Records Law No. 5352 Article 13/A, relevant provisions of the Turkish Penal Code No. 5237, Criminal Procedure Code and relevant legislation
LEGAL EVIDENCE:
- Certified copy of the conviction decision, Documents regarding the execution of the sentence, Judicial record and archive record, Witnesses and other legal evidence if necessary
REQUEST AND CONCLUSION:
For the reasons stated above; I respectfully request and petition that the prohibition from public rights imposed upon me be removed and a decision be made for the restoration of prohibited rights.
Date: ………
Full Name
Signature
Does the Restoration of Prohibited Rights Prevent Civil Service?
The decision for restoration of prohibited rights directly affects not only the right to vote and be elected or obtain licenses, but also the right to civil service. Therefore, questions such as “does the restoration of prohibited rights prevent civil service?” or “does the restoration of banned rights open the way to civil service?” frequently arise.
Article 48/A-5 of the Civil Servants Law No. 657 clearly stipulates that those convicted of imprisonment for one year or more for an intentional crime will not be accepted into civil service. Additionally, it is provided that those who have committed certain disgraceful crimes, even if they have been pardoned, cannot become civil servants.
However, if a decision for restoration of prohibited rights is made regarding the convict, the person regains all their banned rights. This decision means the removal of obstacles to civil service. In other words, a person who has obtained a decision for restoration of prohibited rights regains the right to apply for civil service.
Nevertheless, pursuant to Article 92 of the Civil Servants Law No. 657, within the framework of direct appointment rules, the administration has discretionary authority to accept or not accept the convict into civil service. This discretionary authority is not unlimited; if used disproportionately, it is subject to administrative judicial review.
The Difference Between Restoration of Prohibited Rights and Deletion of Criminal Record
Many people confuse the concepts of deletion of criminal record and restoration of prohibited rights. However, these two legal processes serve different purposes and have different consequences.
- Deletion of criminal record means the cleaning of a person’s criminal record. That is, the crime committed and the sentence given are removed from the criminal record. With this process, when the person obtains a new criminal record certificate, the crime record does not appear.
- Restoration of prohibited rights, on the other hand, is the process of restoring public rights lost due to the sentence. With this decision, the person regains their banned rights such as voting and being elected, entering civil service, establishing associations, or obtaining licenses.
In short, the difference between deletion of criminal record and restoration of prohibited rights is a matter of curiosity for many people. While the former only ensures the elimination of the criminal record, the latter legally enables the restoration of lost public rights.
Frequently Asked Questions (FAQ)
How is the restoration of prohibited rights obtained?
After the execution of the sentence is completed, an application is made by submitting a petition to the criminal court.
How long does it take to obtain a decision for restoration of prohibited rights?
Although it varies depending on the court’s workload, it can be concluded within a few months.
How is an application for restoration of prohibited rights made with a lawyer?
A petition is prepared through a lawyer, necessary documents are attached, and the process is ensured to proceed more quickly.
Why Should You Work With Us?
The application for restoration of prohibited rights is a technical process that requires legal knowledge and experience. The complete preparation of the petition, application to the correct court, and presentation of evidence are of vital importance for the acceptance of the application.
As an Ankara-based law firm, we:
- Provide professional support in the preparation of petitions for restoration of prohibited rights,
- Handle processes of deletion of criminal records and restoration of banned rights,
- Assist in cases for regaining civil service, parliamentary membership, and other public rights,
with our specialized team providing professional support to our clients.
The answer to one of the most searched questions on Google, “Is a lawyer necessary for the restoration of prohibited rights?” is as follows: Applications made through a lawyer are concluded much faster and without errors. Because courts carefully examine the legal justifications and documents in the petitions.
Why Should You Choose Us?
- We work with experienced criminal law and administrative law attorneys.
- We have successfully completed hundreds of applications for restoration of prohibited rights and deletion of criminal records.
- We analyze our clients’ situations and prepare personalized petitions and applications.
- We follow cases and applications throughout Turkey, especially in Ankara.
