A felony conviction can take away your right to possess a firearm long after you finish the sentence. But it does not always mean the federal prohibition must last forever.
Depending on the conviction and jurisdiction, potential remedies may include:
- Federal firearm rights restoration under 18 U.S.C. § 925(c)
- A presidential or gubernatorial pardon
- Expungement or setting aside the conviction
- Restoration of civil rights under state law
- Vacating or otherwise invalidating the conviction
- Correcting an inaccurate court, state, FBI, or NICS record
The correct remedy depends first on whether the conviction arose in federal or state court. It also depends on the offense, sentence, state law, post-conviction history, other firearm prohibitions, and whether the requested relief will satisfy federal law.
A state remedy may remove both state and federal consequences in one case while leaving the federal prohibition completely intact in another. A presidential pardon may address a federal conviction but not an independent state restriction. And if the record is wrong, restoration may not be necessary at all.
National Security Law Firm helps clients nationwide identify the source of a federal firearm prohibition and pursue the remedy that fits the actual legal problem.
Schedule a confidential federal firearms consultation or call (202) 600-4996.
Why a Felony Conviction Can Create a Federal Firearm Prohibition
Under 18 U.S.C. § 922(g)(1), a person convicted in any court of a crime punishable by imprisonment for more than one year is generally prohibited from possessing, receiving, shipping, or transporting firearms or ammunition.
The federal definition contains important exceptions. Under 18 U.S.C. § 921(a)(20), certain business-regulation offenses and qualifying state misdemeanors do not count. The statute also addresses convictions that have been:
- Expunged
- Set aside
- Pardoned
- Followed by restoration of civil rights
The actual sentence imposed is not always decisive. An offense can trigger § 922(g)(1) based on the maximum punishment authorized by law even when the person received probation, a suspended sentence, or little incarceration.
The conviction documents and law of the convicting jurisdiction must be reviewed before assuming that the federal prohibition applies—or that it has been removed.
Federal Law Prohibits Possession, Not Just Purchasing
A person prohibited under § 922(g) cannot avoid the law simply by not purchasing another firearm.
The prohibition reaches possession and receipt of firearms and ammunition. It may also include constructive possession, meaning the person knowingly has the power and intent to exercise control over a firearm even if it is not physically on their body.
Potential problems may arise from:
- A firearm kept in a shared home
- A spouse’s or family member’s firearm
- Ammunition stored in a vehicle, garage, safe, or residence
- Hunting firearms
- Inherited firearms
- Firearms used for work
- Access to a safe, storage area, or vehicle containing a firearm
A person who is unsure whether a conviction remains disqualifying should obtain a legal analysis before possessing, handling, transporting, or attempting to acquire a firearm.
The First Question: Was the Conviction Federal or State?
The jurisdiction of the conviction fundamentally affects the available remedies.
| Conviction | Potential remedies |
|---|---|
| Federal felony conviction | § 925(c), presidential pardon, federal post-conviction relief, or record correction |
| State felony conviction | State pardon, expungement, set-aside, civil-rights restoration, state firearm relief, § 925(c), or a coordinated combination |
| Military court-martial conviction | § 925(c), presidential pardon, military-record or post-conviction relief, or another federal remedy |
| Conviction incorrectly attributed to you | NICS challenge, source-agency correction, or FBI record correction |
| Conviction later vacated or otherwise invalidated | Legal-effect analysis followed by any necessary record correction |
A governor generally cannot pardon a federal conviction. The President generally does not pardon a state conviction. State restoration of rights does not eliminate a disability imposed by an independent federal conviction.
Our guide to federal versus state gun rights restoration explains why relief under one legal system may not resolve restrictions imposed by the other.
Option One: Federal Relief Under § 925(c)
Section 925(c) allows an eligible person to apply for relief from a federal firearm disability.
The Department of Justice now administers individual applications through the Office of the Pardon Attorney. DOJ’s final rule establishes application requirements, required evidence, presumptive disqualifiers, fees, review standards, and possible outcomes.
To grant relief, the Attorney General or a designee must be satisfied that the circumstances surrounding the disability, together with the applicant’s record and reputation, demonstrate that:
- The applicant is not likely to act in a manner dangerous to public safety; and
- Granting relief would not be contrary to the public interest.
The process is not limited to people with felony convictions. But § 922(g)(1) felony cases are expected to represent a significant category of applications.
NSLF’s federal firearm rights restoration lawyers handle eligibility analysis, historical-record development, rehabilitation evidence, character references, application preparation, filing, and post-filing representation.
Who Can Apply After a Felony Conviction?
A person federally prohibited under § 922(g)(1) is generally eligible to submit an application.
That does not mean the application is ready for approval.
A felony applicant must determine:
- Whether the conviction actually triggers § 922(g)(1)
- Whether a pardon, expungement, set-aside, or restoration already removed the disability
- Whether another federal or state prohibition applies
- Which DOJ presumptive-disqualification category covers the conviction
- When the applicant completed every part of the sentence
- Whether later convictions, arrests, protection orders, or conduct affect eligibility
- Whether the applicant can obtain the required records
- Whether the complete history supports DOJ’s public-safety and public-interest findings
Our comprehensive federal firearm rights restoration eligibility guide explains the difference between being eligible to apply and having a viable application for approval.
Five-Year Presumption for Other Felony Convictions
A felony that does not fall within DOJ’s permanent or ten-year categories generally creates a five-year presumption against relief.
The application ordinarily will be denied, absent extraordinary circumstances, if the applicant was convicted of or served any part of a sentence for the felony within the preceding five years.
For many nonviolent felony convictions, the five-year presumption is the principal timing rule.
But the five years may not run from the conviction date. DOJ broadly defines a sentence to include:
- Incarceration
- Home confinement
- Probation
- Parole
- Supervised release
- Unpaid monetary obligations
- Required education or treatment
- Community service
- Programming requirements
- Other unsatisfied penalties
If a person was convicted in 2018 but completed probation in 2023, the five-year presumption may continue until 2028.
Ten-Year Presumption for Certain Felony Conduct
A ten-year presumption generally applies when the applicant was convicted of or served any part of a sentence within the preceding ten years for a felony involving:
- Drug trafficking
- Threats of violence
- Manufacturing, possessing, transferring, or using explosives
- Certain firearm- or ammunition-related conduct
- Possessing or discharging a weapon on school property
- Animal abuse
The rule evaluates the conduct involved, not only the title of the conviction.
A conviction labeled as conspiracy, attempt, facilitation, or another general offense may fall within the ten-year category when the underlying conduct involved a listed activity.
The ten-year period may continue until ten years after the final part of the sentence was completed.
Permanent Presumption for Certain Serious Felonies
DOJ applies a permanent presumptive disqualification to felony convictions involving particular serious conduct, including:
- Death of another person
- Rape, sexual abuse, or sexual assault
- Human trafficking
- Kidnapping
- Intimate-partner or domestic violence
- Burglary
- Robbery
- Extortion
- Carjacking
- Arson
- Violent racketeering
- Gang-related offenses
- Maiming, assault, or battery
- Stalking
- Escape or rescue of a person in custody
- Terrorism
- Witness tampering
- Brandishing or discharging a firearm during the offense
- Using an explosive during the offense
Attempting, soliciting, conspiring to commit, or aiding and abetting covered conduct may also trigger the permanent presumption.
This is not the same as being unable to submit an application. But an application subject to the permanent presumption ordinarily will be denied unless extraordinary circumstances overcome it.
The five-year and ten-year § 925(c) waiting-period guide provides more detailed timing rules and examples.
What Are Extraordinary Circumstances?
The final rule allows applicants to attempt to overcome a presumptive disqualification by demonstrating extraordinary circumstances.
DOJ has not created a simple formula. The analysis may involve:
- The applicant’s age when the conduct occurred
- The nature and seriousness of the offense
- Whether the conduct was isolated
- The time that has passed
- Conduct during and after the sentence
- Exceptional evidence of rehabilitation
- Stability in employment, family life, and the community
- Evidence providing material context for the underlying event
- The applicant’s present record and reputation
- Whether denying relief would infringe the applicant’s Second Amendment rights
Ordinary compliance with the law may not be enough to overcome a presumption. The application must explain why the individual circumstances warrant a different conclusion from the one DOJ’s rule ordinarily directs.
Option Two: A Presidential Pardon for a Federal Conviction
A full and unconditional presidential pardon can remove penalties and disabilities resulting from a federal conviction, including a firearm disability based solely on that conviction.
A pardon may be particularly relevant when the applicant seeks broader forgiveness and restoration of status associated with a federal offense. The pardon process and § 925(c) restoration process are distinct:
| § 925(c) restoration | Presidential pardon |
| Decided under a statutory public-safety and public-interest standard | Exercise of the President’s constitutional clemency authority |
| Focused on federal firearm disabilities | Addresses the federal offense more broadly |
| Requires a detailed restoration application | Requires a clemency petition |
| Administered through the Office of the Pardon Attorney | Recommended through the clemency process and decided by the President |
| Does not erase the conviction | Forgives the federal offense but does not erase the historical fact of conviction |
| Does not automatically remove state restrictions | Does not automatically remove independent state restrictions |
A presidential pardon may eliminate a firearm prohibition resulting solely from a federal conviction. But a person who has another independent prohibitor—such as a state conviction, protection order, mental-health disability, or qualifying status—may still need separate relief.
NSLF represents clients seeking presidential pardons for federal convictions and can evaluate whether a pardon, § 925(c), or both should be considered.
Option Three: State Expungement or Setting Aside the Conviction
Federal law provides that a conviction that has been expunged or set aside may no longer count for purposes of the federal felon-in-possession prohibition.
But the title of the state proceeding does not control by itself.
States use terms such as:
- Expungement
- Sealing
- Set-aside
- Vacatur
- Dismissal
- Record restriction
- Annulment
- Certificate of rehabilitation
These remedies do not all have the same effect. Some remove a conviction for important legal purposes. Others merely restrict public access while preserving the conviction and firearm prohibition.
The analysis should examine:
- The statute authorizing the relief
- The language of the court order
- Why the conviction was altered
- Whether the conviction remains legally operative
- Whether civil rights were restored
- Whether the person remains restricted from possessing firearms
- How federal courts interpret that jurisdiction’s remedy
- Whether government databases were updated
Our guide addressing whether an expungement restores gun rights explains why clearing a record and restoring firearm eligibility are separate legal questions.
Option Four: State Restoration of Civil Rights
For certain state convictions, restoration of civil rights may prevent the conviction from continuing to qualify under § 922(g)(1).
The traditional civil rights examined in this analysis commonly include:
- Voting
- Holding public office
- Serving on a jury
Firearm restrictions are then reviewed under the “unless clause” in § 921(a)(20). If the restoration expressly restricts shipping, transporting, possessing, or receiving firearms—or state law continues to impose a material firearm restriction—the conviction may remain disqualifying under federal law.
A document stating that “civil rights are restored” does not automatically resolve the issue.
The law of the convicting state, the restoration documents, and the person’s complete circumstances must be analyzed together.
Option Five: A State Pardon
A governor or other authorized state authority may pardon a state conviction. Depending on the jurisdiction and the terms of the pardon, that relief may affect both state and federal firearm consequences arising from the pardoned offense.
Questions include:
- Was the pardon issued by the correct authority?
- Does it cover the disqualifying conviction?
- Is it full, unconditional, or limited?
- Does it restore civil rights?
- Does it expressly preserve any firearm restriction?
- Does state law independently continue to prohibit possession?
- Is another federal prohibition present?
A state pardon generally cannot remove a firearm disability created by an independent federal conviction.
Learn more about whether a pardon restores gun rights.
Option Six: Vacating or Invalidating the Conviction
A conviction may sometimes be vacated, reversed, or otherwise invalidated through post-conviction proceedings.
Relief based on a legal or constitutional defect can have a different federal effect from relief granted solely to restore rights, promote rehabilitation, or limit public access to a record.
The specific order and legal basis matter. A dismissal after vacatur may remove the conviction, while a procedure that merely relabels or seals the record may not.
Post-conviction relief depends heavily on the convicting jurisdiction. NSLF may coordinate with appropriately licensed state counsel when the underlying remedy must be pursued in state court.
Option Seven: Correct an Inaccurate Record
Some people are denied because a government record does not accurately reflect what happened.
Examples include:
- A dismissed charge shown as pending
- A misdemeanor incorrectly classified as a felony
- A conviction attributed to the wrong person
- A missing final disposition
- A vacated conviction still appearing as active
- A pardon or restoration order not transmitted to the relevant repository
- An incorrect maximum possible sentence
- Inconsistent court, state, and FBI records
- A state restoration not reflected in NICS
In those circumstances, the person may need a NICS challenge, FBI Identity History Summary challenge, or source-agency correction.
Restoration asks DOJ to relieve a valid federal disability. Record correction establishes that the disability does not apply or that the information used to impose it is wrong.
What If You Have More Than One Conviction or Prohibition?
Resolving one felony does not necessarily restore firearm rights if another prohibition remains.
A complete analysis should identify:
- Every federal and state conviction
- Misdemeanor domestic-violence offenses
- Protection orders
- Mental-health adjudications or commitments
- Military convictions or discharges
- Immigration-related restrictions
- Controlled-substance issues
- Pending charges and diversion programs
- State firearm restrictions
- Prior pardons, expungements, and restoration orders
A person may need more than one remedy. For example:
- State relief for a state conviction and § 925(c) for an independent federal disability
- A presidential pardon for a federal conviction and separate state relief
- Expungement followed by FBI record correction
- § 925(c) restoration followed by state firearm-rights proceedings
- A NICS challenge demonstrating that previously granted relief was not reflected in the database
NSLF’s federal firearms lawyers help clients identify the complete problem before selecting a remedy.
What Documents Will a Felony Applicant Need?
DOJ requires felony applicants to provide as many of the following records as they can obtain:
- Charging document, such as an indictment, information, or complaint
- Judgment of conviction
- Plea agreement, if applicable
- Factual basis for the plea
- Presentence report or another document prepared for sentencing
- Official proof of completing the final sentencing requirement
- State criminal-history records covering the required period
- Records of arrests in other jurisdictions
- Prior pardon, expungement, set-aside, or restoration applications
- Decisions on earlier relief requests
- Relevant military and foreign records
The sentence-completion record may need to address:
- Incarceration
- Probation or parole
- Supervised release
- Restitution
- Fines
- Community service
- Treatment
- Education or programming
- Other court-imposed obligations
If an official record is unavailable, DOJ generally requires a sworn statement describing the document’s relevant contents, the efforts made to obtain it, and why it cannot be produced.
Our guide to missing records in § 925(c) applications explains how to document an unsuccessful search and develop appropriate alternative evidence.
What Evidence of Rehabilitation Matters?
DOJ evaluates the applicant’s complete record and reputation—not simply the absence of a recent conviction.
Potential evidence may include:
- Long-term compliance with the law
- Stable employment or business ownership
- Family responsibilities
- Military or public service
- Education and professional development
- Treatment and sustained recovery
- Community involvement
- Financial responsibility
- Compliance with every sentencing requirement
- Acceptance of responsibility
- Evidence addressing the circumstances that contributed to the offense
- A realistic understanding of firearm safety and legal obligations
- Qualified character references with firsthand knowledge
The evidence should respond to the actual concerns raised by the case. A generic collection of awards and recommendation letters is less persuasive than a coherent record showing why the conduct occurred, what changed, and why the change is durable.
Read more about rehabilitation evidence and character references for a § 925(c) application.
Character References Must Meet DOJ’s Requirements
Every individual applicant must identify three references who:
- Are not related to the applicant by blood or marriage
- Have known the applicant for at least three years
- Are not prohibited from possessing firearms under § 922(g)
The references must be able to make detailed affirmations under penalty of perjury concerning the applicant’s recent conduct, substance use, mental health, character, reputation, threats or violence, and potential danger to the applicant or others.
The strongest reference is not always the person with the most impressive title. It is a qualified person who knows the applicant well enough to answer each federal question honestly and persuasively.
What DOJ Will Consider in a Felony Case
The final rule allows DOJ to consider all relevant information, including:
- Every arrest, even without charges
- Charges that did not produce convictions
- Deferred prosecution and diversion
- Conduct underlying dismissed charges
- The seriousness of every prior offense
- Victim-impact information
- Conduct while serving the sentence
- Compliance with supervision
- Satisfaction of financial penalties
- Time since sentence completion
- Conduct after sentence completion
- Past and present controlled-substance use
- Alcohol or intoxicant abuse
- Protection orders
- Threats and threatening behavior
- Mental-health history and treatment
- Information from local law enforcement
- Character, reputation, and community contribution
- Whether failing to grant relief would infringe the applicant’s Second Amendment rights
Applicants should expect DOJ to compare their statements against criminal-history reports, court records, references, and information developed during the government’s investigation.
Accuracy and credibility are essential.
What Happens If the Application Is Granted?
If DOJ grants relief:
- The identified federal firearm disability is removed
- The FBI will update NICS
- The applicant may receive a Restoration Personal Identification Number, or RPIN
- The applicant’s name and grant date will be published in the Federal Register
A federal grant does not automatically remove state or tribal firearm restrictions. The applicant must separately confirm that possession is lawful under every applicable jurisdiction.
A later event creating a new federal firearm disability is not covered by the earlier grant.
What Happens If the Application Is Denied?
A denial means DOJ was unable to determine that restoring the applicant’s rights would be consistent with public safety and the public interest.
Depending on the reason:
- The applicant may seek judicial review in the federal district where they reside
- The applicant may reapply after an applicable period
- The denial may create a new reapplication presumption
- Additional evidence or another remedy may be necessary
DOJ may also issue an indeterminate decision when it lacks enough information to grant or deny the application.
A person should therefore evaluate weaknesses, presumptions, and missing records before filing rather than relying on reapplication to correct an avoidable problem.
How Much Does § 925(c) Representation Cost?
The government currently charges a nonrefundable $30 application fee. Applicants may also incur expenses for fingerprints, criminal-history reports, certified records, translations, medical evaluations, or other supporting evidence.
NSLF generally charges a flat legal fee beginning at $5,000 for comprehensive federal firearm rights restoration representation. More complex matters—including certain domestic-violence, mental-health, military, multiple-prohibitor, or extensive-record cases—may begin at $7,500.
The scope and fee are confirmed in writing before representation begins.
Visit our federal firearm rights restoration cost guide for additional information.
Why Choose National Security Law Firm?
Federal firearm restoration is not an isolated form-filing service. It can require federal statutory analysis, criminal-record reconstruction, state-law research, post-conviction review, evidence development, and a persuasive presentation addressing public safety and the public interest.
NSLF’s practice is led by former United States Attorney Duane “DAK” Kees. As a presidentially appointed and Senate-confirmed United States Attorney, Dak supervised federal prosecutors, evaluated complex criminal matters, and participated in federal law-enforcement decision-making.
National Security Law Firm began preparing and submitting federal firearm rights restoration matters more than a year before DOJ finalized its rule and opened the public application portal. That early work gave our attorneys practical experience evaluating eligibility, reconstructing historical records, developing rehabilitation evidence, preparing character references, and adapting pending matters to an evolving federal process.
NSLF combines experience across:
- Federal firearm rights restoration
- Presidential pardons
- NICS denials and appeals
- FBI and source-agency record correction
- Military convictions and discharge matters
- Mental-health firearm disabilities
- Domestic-violence prohibitions
- Federal investigations and criminal matters
- State and federal post-conviction analysis
Our clients have awarded National Security Law Firm 4.9 stars across 298 Google reviews, reflecting the responsiveness, clarity, and personal attention clients expect when important rights are at stake.
Learn more about why clients choose NSLF for federal firearm rights restoration.
Frequently Asked Questions About Federal Gun Rights After a Felony
Can a felon ever legally own a firearm again?
Potentially. The available remedy depends on whether the conviction was federal or state, the offense, the sentence, the law of the convicting jurisdiction, later conduct, and other firearm prohibitions.
Does completing a felony sentence restore federal gun rights?
Usually not by itself. Sentence completion may start the relevant five- or ten-year period, and some states restore particular civil rights after completion. But a complete federal and state legal analysis is still necessary.
Can I apply under § 925(c) after a felony?
A person federally prohibited under § 922(g)(1) may generally apply. A current-status, five-year, ten-year, or permanent presumption may nevertheless make approval unlikely absent extraordinary circumstances.
How long must I wait after a nonviolent felony?
A felony not included in DOJ’s permanent or ten-year categories generally creates a five-year presumption. The period may run from completion of the final component of the sentence rather than the conviction date.
Can I apply while on probation or supervised release?
You may technically be able to submit an application, but serving any part of a sentence creates a current-status presumption against relief. The applicable time-based presumption also remains relevant.
Does unpaid restitution affect the waiting period?
Potentially. DOJ defines a sentence to include periods during which monetary obligations or other court-imposed penalties remain unsatisfied.
Does a presidential pardon restore federal gun rights?
A full presidential pardon can remove a firearm disability resulting solely from the pardoned federal conviction. It will not necessarily resolve independent state restrictions or another federal prohibitor.
Does a state pardon restore federal gun rights?
It may affect a prohibition arising from the pardoned state conviction, but the pardon and state law must satisfy federal requirements. It cannot eliminate a disability created by an independent federal conviction.
Does expungement restore federal firearm rights?
Sometimes. The answer depends on the legal effect of the expungement, not merely its name. Some orders only seal records and do not eliminate firearm restrictions.
Does state restoration of civil rights remove the federal prohibition?
It may, but only if the relief satisfies § 921(a)(20) and state law does not continue to restrict firearms in a way that preserves the federal disqualification.
What if my criminal record is wrong?
You may need a NICS challenge or record correction instead of restoration. The underlying court or agency record should be corrected before relying on it to establish firearm eligibility.
Can DOJ consider arrests that did not lead to convictions?
Yes. DOJ may examine arrests, dismissed charges, alternative dispositions, underlying conduct, protection orders, threats, and other relevant information.
Will federal restoration also restore my state gun rights?
No. Section 925(c) relief does not automatically eliminate an independent state or tribal firearm prohibition.
Can NSLF represent me if I live outside Washington, D.C.?
Yes. NSLF represents clients nationwide in federal firearm rights restoration, presidential pardons, NICS matters, FBI record correction, military matters, and other federal proceedings. Separate state-law representation depends on the jurisdiction and agreed scope.
Find Out Which Path Could Restore Your Federal Gun Rights
Do not assume that your felony creates a permanent federal prohibition. But do not assume that completing the sentence, sealing the record, or receiving state relief automatically restored your rights either.
The correct answer requires review of:
- The offense and convicting jurisdiction
- The maximum authorized punishment
- The judgment and sentence
- Completion of every sentencing requirement
- Pardons, expungements, or restoration orders
- Federal and state firearm restrictions
- Criminal-history and NICS records
- Other possible prohibitions
- DOJ’s presumptive-disqualification rules
- Your rehabilitation, record, and reputation
NSLF can identify the remedy that fits your history and build the evidentiary record required to pursue it.
Schedule your confidential federal firearms consultation or call (202) 600-4996.
This page provides general legal information based on federal law and DOJ guidance available as of August 2026. It does not constitute legal advice for a particular person. Do not possess, receive, transport, ship, or attempt to acquire a firearm unless your eligibility has been confirmed.
