§ 925(c) Five-Year and Ten-Year Waiting Periods

When can you apply to restore your federal firearm rights?

The answer is more complicated than counting five or ten years from the date of your conviction.

Under the Department of Justice’s final § 925(c) rule, a federally prohibited person may be permitted to submit an application while a five-year or ten-year presumption still applies. But DOJ ordinarily will deny that application unless extraordinary circumstances overcome the presumption.

Even more importantly, the waiting period may be measured from the last date on which the applicant served any part of the sentence—not merely the date of conviction or release from incarceration. Probation, parole, restitution, community service, required treatment, and other unsatisfied penalties may all affect the calculation.

Domestic-violence cases have additional rules under which a later arrest or firearm prohibition can restart the ten-year period.

Before filing, applicants should determine:

Which presumptive-disqualification category applies
Whether the conviction falls within the five-year, ten-year, or permanent category
When every component of the sentence was completed
Whether later conduct restarted an applicable period
Whether a current-status presumption independently applies
Whether extraordinary circumstances support filing before a period expires
Whether waiting would materially improve the application

National Security Law Firm evaluates these issues before preparing a federal firearm rights restoration application under § 925(c).

Schedule a confidential eligibility and timing consultation or call (202) 600-4996.

Are the Five-Year and Ten-Year Periods Absolute Bars to Applying?

No. The DOJ rule describes them as presumptive disqualifications, not absolute filing prohibitions.

An individual prohibited under § 922(g) may submit an application. However, if a five-year or ten-year presumption applies, the application ordinarily will be denied unless the applicant establishes extraordinary circumstances sufficient to overcome it.

That creates an important distinction:

Question	Answer
May the person technically submit an application?	Generally yes, if federally prohibited under § 922(g)
Does a five- or ten-year presumption apply?	Depends on the offense, sentence, timing, and later conduct
Will DOJ ordinarily deny the application during that period?	Yes, absent extraordinary circumstances
Does expiration of the period require DOJ to grant relief?	No
Can DOJ still consider the underlying conviction afterward?	Yes

For many applicants, the more useful question is not “Can I apply?” but “When will my application have a realistic opportunity for approval?”

The Five-Year Presumption

Under 28 C.F.R. § 107.50, a five-year presumption generally applies when the applicant has, within the preceding five years, been convicted of or served any part of a sentence for:

A felony not included in the permanent or ten-year categories
Misdemeanor assault
Misdemeanor battery
Misdemeanor stalking
A misdemeanor involving a threatened act of violence

This will frequently be the relevant category for an applicant whose federal firearm disability arose from a nonviolent felony conviction.

A nonviolent offense does not mean the conviction is irrelevant. It means the offense may fall within the five-year category instead of one of DOJ’s more restrictive presumptions.

The Ten-Year Presumption

A ten-year presumption applies to particular felony offenses and misdemeanor crimes of domestic violence.

Covered felony conduct includes:

Manufacturing, importing, exporting, distributing, or dispensing controlled substances
Possessing controlled substances with intent to manufacture or distribute
Attempting, soliciting, conspiring, aiding, or abetting covered drug-trafficking conduct
Threats of violence
Manufacturing, possessing, transferring, or using explosives
Certain firearm- and ammunition-related conduct
Possessing or discharging a firearm or other weapon on school property
Animal abuse

The ten-year presumption also applies when, within the preceding ten years, the applicant was convicted of or served any part of a sentence for a misdemeanor crime of domestic violence.

Because the rule includes both the conviction and service of any portion of the sentence, a ten-year period may extend well beyond ten years from the offense date.

The Waiting Period May Run From Sentence Completion

One of the most important features of the final rule is its use of the phrase “convicted of, or served any part of a sentence.”

This means the relevant presumption applies if either of these events occurred during the preceding five or ten years:

The conviction was entered; or
The applicant served any portion of the sentence.

For many applicants, the safest calculation begins with the date the final sentencing requirement was completed.

Consider a person convicted of a nonviolent felony on March 1, 2018, who completed probation on March 1, 2021. The conviction is more than five years old in 2026, but the person served part of the sentence within the preceding five years until March 1, 2021.

The five-year presumptive period would ordinarily continue until March 1, 2026—not March 1, 2023.

If restitution or another required sentencing obligation remained unsatisfied after probation ended, the analysis may produce an even later date.

What Counts as Part of a Sentence?

DOJ defines “sentence” broadly. It includes much more than incarceration.

A sentence may include:

Jail or imprisonment
Military confinement
Home confinement
Intermittent confinement
Supervised probation
Unsupervised probation
Parole
Supervised release
Other forms of release
Unpaid fines or restitution
Education requirements
Treatment or programming
Community service
Military extra duties
Movement restrictions
Electronic monitoring
Other unsatisfied court-imposed penalties

A person who completed incarceration years ago may still have served part of the sentence more recently through probation, restitution, community service, or another continuing requirement.

The application therefore requires more than a judgment showing the date of conviction. DOJ expects an official record establishing when the applicant completed the final requirement of the sentence.

Five-Year Waiting-Period Examples

The following examples illustrate how the five-year presumption may operate. They are simplified; actual calculations require review of the judgment, sentence, subsequent orders, and official completion records.

Example	Likely timing analysis
Nonviolent felony conviction entered June 1, 2018; sentence completed June 1, 2020	Five-year presumption ordinarily expires June 1, 2025
Nonviolent felony conviction entered June 1, 2018; probation completed June 1, 2023	Five-year presumption ordinarily continues until June 1, 2028
Nonviolent felony conviction entered June 1, 2015; restitution remained unpaid until June 1, 2024	The unsatisfied monetary obligation may extend the sentence and the presumption until June 1, 2029
Misdemeanor assault conviction entered January 1, 2021; sentence completed January 1, 2022	Five-year presumption ordinarily continues until January 1, 2027
Qualifying felony conviction entered more than five years ago, but the applicant is still on supervised release	A current-status presumption applies while the applicant serves the sentence; the five-year period also remains relevant after completion

These examples assume that no more restrictive category or separate current-status presumption applies.

Ten-Year Waiting-Period Examples

Example	Likely timing analysis
Drug-trafficking felony conviction entered July 1, 2012; sentence completed July 1, 2016	Ten-year presumption ordinarily expires July 1, 2026
Explosives-related felony conviction entered in 2010; supervised release ended in 2020	Ten-year presumption ordinarily continues until 2030
Misdemeanor domestic-violence conviction entered August 1, 2016; sentence completed August 1, 2018	Ten-year presumption ordinarily continues until August 1, 2028
Animal-abuse felony conviction entered in 2015; probation completed in 2021	Ten-year presumption ordinarily continues until 2031
Qualifying firearms offense entered more than ten years ago, but restitution was completed only six years ago	Ten-year presumption may continue until ten years after restitution was completed

The controlling date must be supported by official records. Applicants should not rely solely on memory or an online docket summary.

Special Rules Can Restart the Domestic-Violence Period

Misdemeanor crimes of domestic violence receive additional treatment under the final rule.

During the ten years following the conviction or the applicant’s service of any portion of the sentence, the ten-year period may begin again if the applicant:

Incurs another firearm disability under § 922(g)
Is arrested for a felony
Is arrested for another misdemeanor crime of domestic violence
Is arrested for an offense alleging an act or threat of violence
Is arrested for an offense alleging that the applicant brandished or discharged a firearm
Is arrested for an offense alleging use of an explosive

If qualifying subsequent conduct occurs, the ten-year period begins anew.

This reset can substantially change an applicant’s filing date.

For example, assume an applicant completed a sentence for a misdemeanor domestic-violence conviction on January 1, 2020. The initial ten-year period would ordinarily end January 1, 2030. If a qualifying arrest occurred on January 1, 2026, the period may restart and continue until January 1, 2036.

NSLF’s domestic-violence gun rights restoration lawyers review the original predicate offense, relationship element, sentence, subsequent incidents, and any post-conviction relief before calculating eligibility.

Does Every Later Arrest Restart the Domestic-Violence Period?

No.

The arrest must fall within one of the categories identified by the rule. In addition, the rule provides an exception when the applicant submits evidence of:

A judicial determination that no misconduct occurred; or
A dismissal on the merits of the resulting charges

This distinction matters. A dismissal may occur for many reasons, and not every dismissal necessarily qualifies as a dismissal on the merits.

An applicant relying on this exception should obtain the complete record, including charging documents, dismissal orders, hearing transcripts, court findings, and other evidence explaining the disposition.

DOJ may also consider arrests and underlying conduct during its broader individualized review, even when an event does not formally restart the ten-year presumption.

Conviction Date, Release Date, or Sentence-Completion Date?

Applicants often focus on the wrong date.

Date	Why it matters
Date of offense	Relevant to the history but not necessarily the beginning of the regulatory period
Date of arrest	May affect DOJ’s review and can restart certain domestic-violence periods
Date of conviction	One event expressly included in the five- and ten-year rules
Date of release from incarceration	Important, but the sentence may continue afterward
Date probation or supervision ended	Often controls when the applicant stopped serving that portion of the sentence
Date restitution, community service, treatment, or other conditions were completed	May determine when the final portion of the sentence ended
Date rights were restored or the conviction was modified	May affect whether a federal disability continues, but does not automatically control the waiting period
Date a prior § 925(c) application was denied	May create a separate reapplication presumption

A proper calculation should identify each potentially relevant date and verify it through official records.

Does Expungement, a Pardon, or State Restoration Erase the Waiting Period?

Not necessarily.

DOJ requires applicants to disclose convictions even if they were subsequently:

Expunged
Pardoned
Set aside
Vacated or modified
Followed by restoration of civil rights
Otherwise affected by post-conviction relief

A legally effective pardon, expungement, set-aside, or state restoration may eliminate the federal firearm disability and make a § 925(c) application unnecessary. But that conclusion depends on the law of the convicting jurisdiction, the language of the relief, and whether any independent prohibition remains.

If the person remains federally prohibited and seeks § 925(c) relief, the original conduct and post-conviction proceedings may remain relevant to DOJ’s analysis.

Review our guides explaining whether an expungement restores firearm rights, when a pardon may restore gun rights, and how federal and state restoration interact.

A Current-Status Presumption May Apply Before the Clock Matters

A person can be affected by more than one presumption.

Regardless of how much time has passed since a conviction, an application ordinarily will be denied while the applicant is:

Awaiting sentencing
Serving any portion of a sentence
Participating in diversion or another program in lieu of conviction
A fugitive from justice
An unlawful user of or addicted to a controlled substance as defined by the rule
In a disqualifying immigration status
Subject to a qualifying domestic-violence protection order
Required to register as a sex offender based on an offense that prohibits firearm possession
Subject to certain unresolved mental-health relief requirements

For example, an applicant may have a fifteen-year-old conviction but still be serving a sentence because restitution remains unpaid. The current-status presumption applies, and the time-based period may not begin to run fully until that obligation is satisfied.

Our broader § 925(c) eligibility guide explains all five types of presumptive disqualifiers.

Some Offenses Carry a Permanent Presumption

The five- and ten-year rules do not apply to every conviction.

DOJ imposes a permanent presumption for felony convictions involving conduct such as:

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
Use of an explosive during the offense

Attempts, solicitation, conspiracy, and aiding or abetting may also fall within the permanent category.

Waiting five or ten years does not cause this presumption to expire. A person facing a permanent presumption would need to establish extraordinary circumstances sufficient to overcome it.

Correct classification of the conviction is therefore essential. An applicant should not assume every felony enters the five-year category.

What If the Offense Could Fit More Than One Category?

DOJ will look beyond the label attached to the offense.

The final rule describes categories according to the conduct involved, not merely the title of the statute. Charging documents, plea agreements, factual bases, judgments, presentence reports, investigative records, and sentencing findings may influence how DOJ classifies the matter.

For example:

A nominally nonviolent offense may involve threats of violence
A general assault statute may involve domestic violence
A conspiracy conviction may involve covered drug-trafficking conduct
A firearm conviction may be excluded from a more serious presumption when it arose solely from possession based on an underlying conviction that would not itself trigger that presumption
A burglary conviction may fall within the permanent category even if no person was physically injured
A military conviction may be evaluated according to the underlying conduct, not merely its UCMJ designation

A reliable waiting-period calculation requires analysis of both the legal elements and the factual record.

The Special Rule for Certain Felon-in-Possession Convictions

The ten-year category includes conduct prohibited by several federal firearm statutes, including § 922(g). But the final rule contains an exception for certain convictions under § 922(g)(1).

A person convicted of violating § 922(g)(1) based on an underlying felony that would not itself fall within the permanent or ten-year presumptive categories is not automatically placed in the ten-year category solely because of the felon-in-possession conviction.

The underlying conviction and conduct must still be evaluated. Other aspects of the firearm offense may also remain relevant to DOJ’s individualized public-safety review.

This exception is legally significant and should not be applied without reviewing the conviction documents.

A Prior Denial May Create a Separate Five-Year Presumption

Timing questions do not end with the original conviction.

A prior § 925(c) denial can create a reapplication presumption. An applicant ordinarily faces an additional presumption if:

A prior application was denied based on a permanent presumptive disqualifier; or
Within the preceding five years, a prior application was denied for a reason other than an applicable current-status, five-year, or ten-year presumption; or
Within the preceding five years, a prior application was denied based on certain reapplication or mental-health-relief presumptions

An applicant denied because of a five- or ten-year presumption should generally wait until the original presumption expires. A person denied because of a current status should ordinarily wait until that status changes.

An application abandoned after the applicant fails to correct an identified defect within the permitted period is not treated as a denial for purposes of the reapplication presumption.

The consequences of filing too early should be evaluated before submission—not after an avoidable denial.

Can Extraordinary Circumstances Overcome a Waiting Period?

Potentially.

The five-year and ten-year periods create presumptions rather than absolute statutory bars. The final rule permits an applicant to attempt to establish extraordinary circumstances sufficient to overcome an applicable presumption.

DOJ has not created a universal definition or checklist. Relevant evidence may include:

The applicant’s age when the conduct occurred
The nature and seriousness of the conduct
Whether the event was isolated
The time that has elapsed
The applicant’s conduct while serving the sentence
Exceptional evidence of rehabilitation
Long-term stability
Community contribution
Reliable evidence changing the apparent meaning of the underlying event
The applicant’s current record and reputation
Whether denial would infringe the applicant’s Second Amendment rights

Routine compliance with the law may be necessary, but it may not be extraordinary. An applicant should be prepared to show why the individual facts justify departing from the presumption created by DOJ’s rule.

Is It Better to Apply Early or Wait?

That depends on the strength of the extraordinary circumstances, the time remaining, and the applicant’s complete record.

Filing before a presumption expires may be appropriate when:

The calculation is disputed
Official records demonstrate that the presumption does not apply
The offense has been incorrectly classified
A domestic-violence reset exception applies
Truly exceptional facts support overcoming the presumption
A significant constitutional issue exists
The applicant has a compelling, well-documented reason for seeking immediate consideration

Waiting may be more prudent when:

Only a short period remains
The applicant is still serving part of the sentence
Rehabilitation evidence is limited
References cannot yet make the required affirmations
Records are incomplete or inconsistent
A current-status presumption remains unresolved
The applicant would rely only on ordinary law-abiding conduct
A premature denial could complicate reapplication

The decision should be based on the applicant’s record—not on a desire to be among the earliest people to use the new portal.

What DOJ Evaluates After the Waiting Period Expires

Expiration of a five- or ten-year presumption removes that particular presumption. It does not erase the underlying conduct or require approval.

DOJ may still examine:

The complete criminal history
Arrests that did not produce charges
Charges that were dismissed
Deferred prosecutions and diversionary dispositions
Conduct underlying plea negotiations
Victim-impact information
Conduct while serving the sentence
Compliance with probation, parole, or supervised release
Satisfaction of restitution and other obligations
Time since sentence completion
Conduct following sentence completion
Substance use
Alcohol or intoxicant abuse
Protection orders
Threats and threatening behavior
Mental-health history
Information from local law-enforcement officials
The applicant’s reputation and character
Evidence of rehabilitation
Whether granting relief is consistent with public safety and the public interest

Expiration means the application is no longer presumptively denied for that time-based reason. It does not mean the offense becomes irrelevant.

What Documents Establish the Correct Date?

The strongest timing analysis relies on official records.

Depending on the case, those records may include:

Judgment of conviction
Sentencing order
Amended judgment
Plea agreement
Probation or parole discharge certificate
Supervised-release termination order
Department of corrections records
Restitution payment history
Court financial ledger
Proof of fine payment
Community-service completion certificate
Treatment or programming completion records
Military judgment and appellate-completion documents
Clemency, expungement, or restoration orders
Records addressing a later arrest or dismissal
Official certification of sentence completion

DOJ’s required-document guidance asks applicants to provide an official record showing when the final sentencing requirement was completed.

If a required document is unavailable from an official source, DOJ generally requires a sworn statement describing:

The relevant information that would have appeared in the record;
The efforts made to obtain it; and
Why the document is unavailable.

How to Calculate a Preliminary Filing Date

A preliminary calculation generally requires the following steps:

Identify every event creating a federal firearm disability.
Obtain the complete judgment and sentencing record for each conviction.
Classify each offense under the permanent, ten-year, five-year, or no-formal-presumption category.
Identify the date of conviction.
Determine the last date on which any portion of the sentence was served.
Review restitution, fines, treatment, community service, and other continuing obligations.
Identify later arrests, charges, protection orders, or firearm disabilities.
Determine whether a domestic-violence event restarted the ten-year period.
Analyze current-status presumptions.
Review prior § 925(c) decisions for a possible reapplication presumption.
Select the latest date produced by all applicable calculations.
Decide whether extraordinary circumstances justify filing earlier.

This creates a preliminary filing date. It does not determine whether the applicant can satisfy DOJ’s ultimate public-safety and public-interest standard.

Why Choose NSLF for a § 925(c) Timing Analysis?

The timing analysis affects the entire application strategy. A mistake can result in a predictable denial, an unnecessary delay, or a new issue during reapplication.

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, documenting sentence completion, developing rehabilitation evidence, preparing character references, and adapting pending matters to an evolving federal process.

NSLF’s federal firearm rights restoration practice is led by former United States Attorney Duane “DAK” Kees. His federal law-enforcement and decision-making experience informs the firm’s evaluation of criminal records, unfavorable facts, rehabilitation, public safety, and the evidentiary record DOJ will review.

Our attorneys can:

Identify every potentially applicable presumption
Classify the underlying offense and conduct
Calculate sentence completion
Analyze domestic-violence reset events
Evaluate prior denials
Identify missing or inconsistent records
Assess extraordinary circumstances
Determine whether another remedy is more appropriate
Prepare the complete § 925(c) application when the case is ready

Learn more about why clients choose NSLF for federal firearm rights restoration.

Frequently Asked Questions About § 925(c) Waiting Periods

Is there always a five-year waiting period for a felony?

No. Some felonies create a permanent presumption, certain conduct creates a ten-year presumption, and other felonies generally create a five-year presumption. The offense and underlying conduct must be classified under the final rule.

Does the five-year period run from my conviction date?

Not necessarily. If you served any part of the sentence more recently, the presumption may continue until five years after completion of the final sentencing requirement.

Does the ten-year period run from release from prison?

Not necessarily. Probation, parole, supervised release, restitution, community service, treatment, and other unsatisfied conditions may extend the sentence beyond incarceration.

Does unpaid restitution count?

Potentially. DOJ defines a sentence to include a period during which monetary obligations and other court-imposed penalties remain unsatisfied.

Does unsupervised probation count?

Yes. DOJ’s definition expressly includes supervised and unsupervised forms of probation or release.

Can I apply while still on probation?

You may be able to submit an application, but serving any part of a sentence creates a current-status presumption. The applicable five- or ten-year period also remains relevant after the sentence ends.

What is the waiting period for a nonviolent felony?

A felony not included in the permanent or ten-year categories generally creates a five-year presumption. The period may run from completion of the sentence rather than conviction.

What is the waiting period for a drug-trafficking felony?

Covered drug-trafficking felonies generally create a ten-year presumption measured by the conviction and service of any portion of the sentence.

What is the waiting period for simple drug possession?

The classification depends on the offense and record. Drug trafficking is expressly included in the ten-year category. A felony possession conviction not involving trafficking or another listed category may fall within the five-year category, but present drug use can create a separate current-status issue.

What is the waiting period for misdemeanor domestic violence?

A ten-year presumption generally applies. Certain later arrests or firearm disabilities can restart the ten-year period.

Can a dismissed arrest restart the domestic-violence period?

It may, unless the applicant can establish a judicial determination that no misconduct occurred or a dismissal on the merits. The exact court disposition and supporting record matter.

Will a pardon or expungement eliminate the waiting period?

Not automatically. The first question is whether the relief removed the federal firearm disability. If a disability remains, DOJ may still require disclosure and consideration of the original conviction and conduct.

Can DOJ consider my conviction after the presumption expires?

Yes. The expiration of a time-based presumption does not prevent DOJ from considering the conviction and underlying conduct during its individualized review.

Can I apply before five or ten years have passed?

Technically, yes. But DOJ ordinarily will deny the application unless extraordinary circumstances overcome the presumption.

What happens if I apply too early and DOJ denies me?

The original presumption may continue, and the denial can affect the timing and evaluation of a later application. Filing strategy should be assessed before submission.

Determine Your Earliest Defensible Filing Date

Do not calculate your § 925(c) filing date from the conviction date alone.

The correct analysis may depend on:

The conduct underlying the conviction
The date of conviction
The final date of incarceration
The completion of supervision
Restitution and other financial obligations
Treatment or programming
Community service
Later arrests or protection orders
Additional firearm disabilities
Prior restoration decisions
Evidence of extraordinary circumstances

NSLF can reconstruct the relevant timeline, identify the presumptions that apply, and advise whether the case is ready to proceed.

For most comprehensive § 925(c) matters, NSLF charges a flat legal fee beginning at $5,000. 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.

Schedule your confidential § 925(c) consultation or call (202) 600-4996.

This page provides general legal information based on the DOJ final rule and public 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 legal eligibility has been confirmed.