Can a Nonviolent Felon Restore Federal Gun Rights Under § 925(c)?

Yes. A person with a nonviolent felony conviction may be able to restore federal firearm rights under 18 U.S.C. § 925(c).

Nonviolent felony cases may present some of the clearest opportunities under the Department of Justice’s new restoration process. But DOJ does not automatically approve an application because the offense was nonviolent, happened many years ago, or resulted in probation rather than incarceration.

The first challenge is determining whether DOJ will actually classify the conviction within its five-year “other felony” category. Some offenses that people commonly describe as nonviolent—including drug trafficking, certain firearm offenses, explosives offenses, threats, burglary, and conspiracy—can trigger a ten-year or permanent presumption under the final rule.

If the conviction falls within the five-year category and the relevant period has expired, DOJ will still evaluate the applicant’s entire record, reputation, rehabilitation, arrests, dismissed charges, sentence compliance, substance use, mental health, and present risk.

The strongest application does more than establish that the applicant avoided another conviction. It shows what happened, what changed, how long that change has lasted, and why restoring federal firearm rights is consistent with public safety and the public interest.

National Security Law Firm represents clients nationwide in federal firearm rights restoration matters under § 925(c).

Schedule a confidential federal firearms consultation or call (202) 600-4996.

Can a Nonviolent Felon Apply Under § 925(c)?

Yes.

DOJ states that an individual federally prohibited under 18 U.S.C. § 922(g)(1) because of a felony conviction may apply for federal firearm rights restoration.

Application eligibility, however, is only the first step.

A nonviolent-felony applicant must still determine:

• Whether the conviction actually creates a federal firearm prohibition
• Whether the conviction remains legally operative
• Whether a pardon, expungement, set-aside, or restoration has already affected the prohibition
• Which DOJ presumptive-disqualification category applies
• When the applicant completed every part of the sentence
• Whether another conviction or status creates a separate prohibition
• Whether the complete record supports approval
• Whether this is the right time to apply

A person can be eligible to submit an application while still being presumptively disqualified from receiving relief.

Why Nonviolent Felonies May Be Treated Differently

DOJ’s final rule divides convictions into categories based on the conduct involved and the government’s assessment of potential danger.

A felony that does not fall within the permanent or ten-year categories generally creates a five-year presumption against relief. After the relevant five-year period expires, that particular presumption no longer applies.

This gives many people with older nonviolent felony convictions a potential path to individualized review without a formal time-based presumption against them.

The absence of a presumption does not mean DOJ must approve the application. The conviction and its underlying conduct remain part of the review.

DOJ must still be satisfied that the circumstances surrounding the firearm disability, together with the applicant’s record and reputation, establish that the applicant:

1. Is not likely to act in a manner dangerous to public safety; and
2. Can receive relief without a result contrary to the public interest.

“Nonviolent Felony” Is Not a Controlling Legal Category

Applicants should be careful with the word “nonviolent.”

The final rule does not simply divide all felonies into “violent” and “nonviolent.” Instead, it identifies particular conduct that triggers permanent or ten-year presumptions. Other felonies generally fall within the five-year category.

An offense may feel nonviolent because:

• No one was physically injured
• No weapon was used
• The applicant received probation
• The offense was financial
• The applicant did not personally confront a victim
• The conduct occurred through another participant
• The charge did not contain the word “violence”

Those facts do not necessarily determine how DOJ will classify the conviction.

The analysis may turn on the statute, charging document, plea agreement, factual basis, presentence report, judgment, investigative record, and conduct underlying the offense.

Which Felonies Generally Fall Within the Five-Year Category?

A felony that is not included in DOJ’s permanent or ten-year categories generally creates a five-year presumption.

Depending on the precise statute and underlying conduct, the category may include certain:

• Fraud offenses
• False-statement offenses
• Embezzlement offenses
• Theft offenses not involving robbery, burglary, threats, or violence
• Forgery offenses
• Tax offenses
• Regulatory offenses
• Computer offenses
• Property offenses not included in a more serious category
• Simple drug-possession felonies
• Other nonviolent offenses not specifically identified elsewhere in the rule

This is not a definitive list. The same offense label can cover materially different conduct in different jurisdictions.

For example, a theft-related conviction may fall within the five-year category while a robbery or burglary conviction triggers the permanent presumption. A drug-possession offense may differ from a trafficking offense. A general conspiracy conviction must be classified according to the object and conduct of the conspiracy.

The records—not the applicant’s shorthand description—control the analysis.

Offenses That May Sound Nonviolent but Carry a Ten-Year Presumption

Several categories can trigger a ten-year presumption even when no one was physically injured.

The ten-year category includes felony conduct involving:

• Drug trafficking
• Manufacturing, selling, distributing, importing, or exporting controlled substances
• Possession of controlled substances with intent to distribute
• 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

Attempting, soliciting, conspiring, or aiding and abetting covered drug-trafficking conduct may also fall within the ten-year category.

A person convicted of a paper conspiracy, non-contact threat, firearm regulatory offense, or possession-with-intent offense may consider the crime nonviolent. DOJ may nevertheless apply the ten-year presumption because the conduct falls within an expressly listed category.

Offenses That Can Carry a Permanent Presumption Without Physical Injury

Other offenses may trigger a permanent presumption even when the particular incident caused no bodily injury.

The permanent category includes felony conduct involving:

• Burglary
• Robbery
• Extortion
• Carjacking
• Arson
• Intimate-partner or domestic violence
• Stalking
• Witness tampering
• Violent racketeering
• Gang-related offenses
• Escape or rescue of a person in custody
• Terrorism
• Brandishing a firearm
• Using an explosive
• Attempting, soliciting, conspiring, or aiding and abetting covered conduct

For example, a person may describe a burglary as nonviolent because the building was unoccupied and no confrontation occurred. Under DOJ’s rule, a felony involving burglary is nevertheless included in the permanent presumptive category.

Correct classification should occur before an application is prepared.

The Five-Year Period May Not Begin on the Conviction Date

For a felony in the five-year category, DOJ applies the presumption when the applicant has, within the preceding five years:

• Been convicted of the offense; or
• Served any part of the sentence

The relevant date may therefore be the date the applicant completed the final sentencing requirement—not the date of conviction.

DOJ broadly defines a sentence to include:

• Incarceration
• Home confinement
• Probation
• Parole
• Supervised release
• Unsupervised release
• Restitution
• Fines and other monetary obligations
• Community service
• Treatment
• Education or programming requirements
• Electronic monitoring
• Other unsatisfied penalties

Consider an applicant convicted of a nonviolent fraud offense in 2017 who completed probation in 2021. The five-year presumption would ordinarily continue until 2026.

If restitution remained unsatisfied until 2024, the analysis may produce a filing date in 2029.

Our guide to § 925(c)’s five-year and ten-year waiting periods provides detailed timing examples.

Can You Apply Before the Five Years Expire?

Technically, a person prohibited under § 922(g)(1) may submit an application before the five-year presumptive period expires.

DOJ ordinarily will deny it unless extraordinary circumstances overcome the presumption.

The final rule does not define extraordinary circumstances through a fixed checklist. Relevant considerations may include:

• The applicant’s age when the offense occurred
• The unusual circumstances surrounding the conduct
• Whether the conduct was isolated
• The applicant’s role in the offense
• Reliable evidence that materially changes the apparent nature of the conduct
• Exceptional rehabilitation
• The applicant’s subsequent history and reputation
• The strength of the public-safety evidence
• Whether denying relief would infringe the applicant’s Second Amendment rights

Routine compliance with the law may support the application, but it may not be extraordinary.

When only a short period remains, waiting may produce a stronger posture than asking DOJ to depart from its presumption.

Expiration of Five Years Does Not Create Automatic Approval

Once the five-year period expires, the application is no longer presumptively denied for that time-based reason.

DOJ may still consider:

• The conviction
• The conduct underlying the offense
• Every other conviction
• Arrests that did not result in charges
• Charges that did not result in convictions
• Dismissed charges and their underlying conduct
• Deferred prosecutions
• Conduct while serving the sentence
• Compliance with supervision
• Payment of restitution and financial penalties
• Substance use
• Alcohol or other intoxicant abuse
• Protection orders
• Threats or threatening behavior
• Mental-health history
• Character and community reputation
• The length and quality of rehabilitation
• Information from local law enforcement

Time matters most when the applicant can show how it was used.

What If the Conviction Was Federal?

A federal felony conviction may support several possible remedies.

The applicant may consider:

• Relief under § 925(c)
• A presidential pardon
• Federal post-conviction relief
• Correction of an inaccurate federal record

A state governor cannot pardon a federal offense. A state restoration of civil rights does not eliminate a firearm disability independently imposed by a federal conviction.

A full presidential pardon can remove penalties and disabilities resulting solely from the pardoned federal conviction. But it does not automatically resolve a separate state prohibition or another independent federal prohibitor.

NSLF can evaluate whether the stronger strategy is § 925(c) restoration, a presidential pardon for a federal conviction, or consideration of both processes.

What If the Conviction Was Entered in State Court?

A state conviction requires analysis under both state and federal law.

Potential remedies may include:

• A gubernatorial pardon
• Expungement
• Setting aside the conviction
• Vacating the conviction
• Restoration of civil rights
• State firearm-rights restoration
• § 925(c) federal relief
• Record correction after relief is granted

Under 18 U.S.C. § 921(a)(20), certain pardoned, expunged, set-aside, or civil-rights-restored convictions may no longer qualify under the federal felon-in-possession prohibition.

But the result depends on the legal effect of the state proceeding. If state law continues to restrict firearm possession, the conviction may remain relevant under federal law.

Our federal-versus-state restoration guide explains why a state order does not always eliminate a federal disability.

Can Expungement Restore a Nonviolent Felon’s Gun Rights?

Sometimes.

The word “expungement” has different meanings across jurisdictions. One state may treat an expunged conviction as legally set aside, while another merely restricts public access to the record.

The analysis should address:

• Which jurisdiction entered the conviction
• Which statute authorized the expungement
• Why the court granted relief
• Whether the conviction remains legally operative
• Whether civil rights were restored
• Whether state firearm restrictions remain
• Whether the order expressly restricts firearms
• Whether federal law recognizes the effect of the proceeding
• Whether the resulting record was properly updated

Read more about whether an expungement restores federal gun rights.

Can a Pardon Restore a Nonviolent Felon’s Gun Rights?

A properly issued pardon may provide a path to restoration.

A presidential pardon applies to a federal offense. A state pardon applies to an offense within the pardoning authority’s jurisdiction.

The pardon must be evaluated for:

• The offense it covers
• Whether it is full, conditional, or limited
• Whether it restores civil rights
• Whether it preserves firearm restrictions
• Whether state law independently restricts possession
• Whether another federal prohibition remains

A pardon forgives the offense but does not erase the historical fact of conviction. The conviction may continue to appear in criminal-history records, and those records may need to be updated to reflect the pardon.

Learn more about when a pardon can restore firearm rights.

What If the Record Is Wrong?

Not every person who appears prohibited needs restoration.

The underlying problem may be:

• A felony incorrectly attributed to the person
• Mistaken identity
• A misdemeanor incorrectly classified as a felony
• A missing dismissal or acquittal
• A conviction that was vacated but remains active in a database
• A pardon, expungement, or restoration not reflected in NICS
• An incorrect maximum possible punishment
• Conflicting court, state, and FBI records

When the prohibition is based on inaccurate or incomplete information, the appropriate remedy may be a NICS denial challenge or FBI firearm-record correction.

Restoration seeks relief from a valid disability. Record correction establishes that the disability does not apply, no longer applies, or was assigned to the wrong person.

What Makes a Strong Nonviolent-Felony Application?

A strong application presents a documented account of the applicant’s conduct, rehabilitation, current character, and risk.

Important evidence may include:

• Complete and accurate court records
• Proof of satisfying every sentencing requirement
• A candid explanation of the offense
• Acceptance of responsibility
• Evidence addressing the conditions that contributed to the conduct
• Stable employment
• Professional licenses or achievements
• Family responsibilities
• Military or public service
• Education and training
• Financial responsibility
• Community involvement
• Treatment or recovery when relevant
• A long period without further criminal conduct
• Three qualified character references
• Evidence of responsible conduct around firearms
• A lawful and credible reason for seeking restoration

The evidence should be tied to the specific concerns presented by the conviction. A financial-crime application may require proof of financial stability, restitution, and restored trust. A drug-possession case may require evidence addressing treatment, sobriety, and current substance use.

Generic praise is less useful than evidence demonstrating durable change.

Accountability Is More Persuasive Than Minimization

A nonviolent offense can still involve substantial harm.

Fraud may cause financial losses. Theft may violate trust. Drug offenses may affect families and communities. False statements may undermine government or institutional decision-making.

An application that dismisses the conduct because “no one was physically hurt” may undermine credibility.

A stronger presentation usually:

• Describes the conduct accurately
• Recognizes the resulting harm
• Explains the applicant’s decisions without making excuses
• Identifies what changed
• Supports that change with objective evidence
• Demonstrates insight into why the conduct will not recur

Credible accountability can distinguish rehabilitation from mere passage of time.

How DOJ Evaluates Rehabilitation

DOJ may examine:

• Conduct while incarcerated or under supervision
• Compliance with every court-ordered condition
• Payment of restitution, fines, and other obligations
• Time elapsed since sentence completion
• Employment and professional history
• Family and community responsibilities
• Substance-use history
• Mental-health history and treatment
• Protection orders
• Threats or threatening conduct
• Arrests and dismissed charges
• Community reputation
• Information from local law enforcement
• Whether the applicant would endanger themselves or others

The absence of a new conviction is relevant, but DOJ’s inquiry is broader. The government is evaluating present judgment, reliability, stability, and risk.

The Three Character References

Every individual applicant must provide three character references.

Each reference must:

• Be unrelated to the applicant by blood or marriage
• Have known the applicant for at least three years
• Not be prohibited from possessing firearms under § 922(g)

References must make detailed affirmations under penalty of perjury concerning:

• The applicant’s recent criminal conduct
• Controlled-substance use
• Alcohol and intoxicant abuse
• Mental-health conditions affecting judgment or behavior
• Character and community reputation
• Recent threats, violence, or suicide-related behavior
• Whether firearm possession would present a danger

The references should know the applicant well enough to make each statement truthfully. Selecting three prominent acquaintances with limited personal knowledge may be less effective than selecting credible individuals who have directly observed the applicant’s life and rehabilitation.

Our guide to preparing rehabilitation evidence and federal character references explains these requirements in greater detail.

Required Records for a Nonviolent-Felony Application

DOJ requires felony applicants to provide as many of the following documents as they can obtain:

• Charging document
• Judgment of conviction
• Plea agreement
• Factual basis
• Presentence report or similar sentencing document
• Official proof of completing the final sentencing requirement
• Required state criminal-history reports
• Records from every relevant arrest jurisdiction
• Prior applications for pardon, expungement, set-aside, or restoration
• Decisions on those applications
• Relevant military and foreign records

The applicant must also disclose convictions affected by expungement, pardon, set-aside, or similar post-conviction proceedings.

DOJ uses these records to determine what actually occurred. A short docket entry or online background report may not provide enough information to classify the offense or evaluate the applicant’s rehabilitation.

What If Old Court Records No Longer Exist?

Older nonviolent cases frequently involve missing or incomplete files.

A court may have destroyed archived records. A local agency may no longer possess an investigative report. A probation department may have closed. A paper file may contain documents that were never digitized.

DOJ generally allows a sworn statement when a required official record cannot be obtained. The statement must:

1. Describe the information contained in the missing record;
2. Explain the efforts made to obtain it; and
3. State why the record is unavailable.

The search itself should be documented. Relevant evidence may include correspondence with clerks, archive requests, agency certifications, docket records, retention policies, and alternative official documents.

Read our guide to addressing missing records in § 925(c) applications.

What Happens After DOJ Grants Relief?

A grant removes the identified federal firearm disability addressed through the § 925(c) process.

After approval:

• 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

The grant does not automatically eliminate an independent state or tribal prohibition. The applicant must separately confirm that firearm possession is lawful under applicable state and local law.

A subsequent event creating a new firearm disability is not covered by the earlier grant.

What Happens If DOJ Denies the Application?

A denial means DOJ was unable to determine that restoration 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 the applicant resides
• The applicant may reapply after the relevant period
• The denial may create a reapplication presumption
• Additional records or rehabilitation evidence may be necessary
• A pardon or another legal remedy may deserve consideration

DOJ may issue an indeterminate decision when it lacks enough information to grant or deny the application.

A filing strategy should account for the effect of an adverse decision before the application is submitted.

How Much Does Federal Firearm Restoration Cost?

DOJ currently charges a nonrefundable $30 application fee. Applicants may also incur expenses for:

• Electronic fingerprints
• Criminal-history reports
• Certified court records
• Archive retrieval
• Translations
• Medical or professional evaluations
• Other supporting documentation

NSLF generally charges a flat legal fee beginning at $5,000 for comprehensive § 925(c) representation. More complex matters—including extensive criminal histories, multiple prohibitions, difficult record reconstruction, or significant presumptive-disqualification issues—may begin at $7,500.

The scope and fee are confirmed in writing before representation begins.

Visit our federal firearm restoration cost guide for more information.

Why Choose National Security Law Firm?

The new federal restoration process requires more than completing an online form.

A persuasive application may require federal statutory analysis, offense classification, sentence reconstruction, state-law research, criminal-record comparison, rehabilitation evidence, sworn references, and a credible explanation of unfavorable facts.

NSLF’s federal firearm rights restoration 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 and participated in federal decisions involving criminal conduct, evidence, public safety, and enforcement priorities.

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.

Our integrated practice allows us to evaluate more than one possible remedy, including:

• § 925(c) restoration
• Presidential pardons
• NICS challenges
• FBI and source-agency record correction
• Military post-conviction matters
• State and federal restoration analysis

Our clients have awarded National Security Law Firm 4.9 stars across 298 Google reviews, reflecting the service, communication, and attention clients receive throughout significant federal matters.

Learn more about what sets NSLF apart in federal firearm rights restoration.

Frequently Asked Questions About Nonviolent Felon Gun Rights

Can a nonviolent felon restore federal gun rights?

Potentially. A person prohibited under § 922(g)(1) may apply under § 925(c), seek an applicable pardon, or pursue qualifying post-conviction relief. The correct path depends on the jurisdiction, conviction, sentence, timing, and other restrictions.

Is every nonviolent felony subject to a five-year presumption?

No. Certain drug-trafficking, firearm, explosives, threat, and animal-abuse offenses carry a ten-year presumption. Burglary, extortion, arson, witness tampering, and other listed offenses may carry a permanent presumption even without physical injury.

How does DOJ decide whether my offense was nonviolent?

DOJ may review the statute, charging document, plea agreement, factual basis, presentence report, judgment, investigative materials, and underlying conduct. The label used by the applicant does not control.

How long must I wait after a nonviolent felony?

A felony outside the permanent and ten-year categories generally creates a five-year presumption. That period may run from the completion of the last sentencing requirement rather than the conviction date.

Does probation count as part of my sentence?

Yes. DOJ includes supervised and unsupervised probation, parole, release, restitution, treatment, community service, programming, and other unsatisfied penalties within its definition of a sentence.

Can I apply before five years have passed?

Yes, but the application ordinarily will be denied unless extraordinary circumstances overcome the presumption.

Am I automatically approved after five years?

No. Expiration removes the five-year presumption. DOJ still evaluates the conviction, complete criminal history, rehabilitation, reputation, and potential danger.

Does a nonviolent federal felony require a presidential pardon?

Not necessarily. Section 925(c) provides a separate federal restoration process. A presidential pardon may also be considered depending on the client’s goals and complete record.

Can a state expungement remove the federal prohibition?

Sometimes. Its federal effect depends on the law of the convicting state, the order, restoration of civil rights, and any continuing firearm restrictions.

Will DOJ consider dismissed charges and old arrests?

Yes. DOJ may consider arrests, dismissed charges, deferred prosecutions, underlying conduct, protection orders, threats, and other relevant information.

What if I paid restitution years after probation ended?

That payment date may affect sentence completion and the five-year calculation because DOJ’s definition includes unsatisfied monetary obligations.

Do I need three character references?

Yes. Each must be unrelated by blood or marriage, have known you for at least three years, be legally eligible to possess firearms, and complete the required federal affirmations.

Will federal restoration remove state firearm restrictions?

No. A federal grant does not automatically remove a separate state or tribal prohibition.

Find Out Whether Your Nonviolent Felony Qualifies

A conviction’s label does not determine the answer.

Before filing, NSLF can determine:

• Whether the conviction creates a current federal prohibition
• Whether it falls within the five-year, ten-year, or permanent category
• When the relevant presumptive period expires
• Whether every sentencing requirement was completed
• Whether state relief, a pardon, or record correction offers a better path
• Whether the available records accurately describe the conduct
• Whether the rehabilitation evidence supports filing now
• How to present the complete case to DOJ

Schedule your confidential federal firearm rights restoration 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 eligibility has been confirmed.