Restoration of Firearm Privileges in New Jersey After Expungement

All firearms purchasers in New Jersey are required to obtain either a permit to purchase a handgun or a Firearms Purchaser Identification Card (FPIC) from local law enforcement or the New Jersey State Police (NJSP) before purchasing a firearm.  When applying for a handgun permit or a FPIC, however, individuals may be denied as a result of either: 1) an indictable (or felony) conviction; 2) or a conviction for a disorderly persons offense (or misdemeanor) involving domestic violence; or 3) certain juvenile convictions.

Thus, having a conviction on your criminal record can restrict you from being able to exercise your constitutional right to purchase and hold a firearm.  Fortunately, however, New Jersey’s expungement mechanism allows you to erase the record of many arrests, thereby restoring your ability to obtain a Firearms Purchaser Identification Card in New Jersey. Moreover, a New Jersey expungement will clear you to obtain a gun permit both federally and for New Jersey.

New Jersey Firearms Law

N.J.S.A. 2C:58-3(c) sets forth the eligibility requirements for obtaining a handgun permit or firearms purchaser identification card in New Jersey.  According to that statute:

. . . No handgun purchase permit or firearms purchaser identification card shall be issued:

(1) To any person who has been convicted of any [felony], or a disorderly persons offense involving an act of domestic violence as defined in section 3 of P.L.1991, c. 261 (C.2C:25-19), whether or not armed with or possessing a weapon at the time of such offense;

. . .

(7) To any person who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a crime and the offense involved the unlawful use or possession of a weapon, explosive or destructive device or is enumerated in subsection d. of section 2 of P.L.1997, c. 117 (C.2C:43-7.2) . . . .

In other words, the following individuals will be denied a handgun permit or FPIC in New Jersey:

1. Those who have ever been convicted of a felony;
2. Those who have ever been convicted of a disorderly persons offense (misdemeanor) involving an act of domestic violence; and

“Domestic violence” in New Jersey means the occurrence of any of the following 14 acts against a person protected under New Jersey’s Domestic Violence Act:

a. Assault

b. Homicide

c. Terroristic threats

d. Kidnapping

e. Criminal restraint

f. False imprisonment

g. Sexual assault

h. Criminal sexual contact

i. Lewdness

j. Criminal mischief

k. Burglary

l. Criminal trespass

m. Harassment

n. Stalking

3. Those who were adjudicated delinquent for a felony offense involving the unlawful use or possession of a weapon.

Federal Firearms Law

Like New Jersey law, federal law also prohibits any person who has been convicted of a felony from owning, carrying, or purchasing a firearm.  So too, federal law prohibits any person who has been convicted of any act of domestic violence from owning, carrying, or purchasing a firearm.

Unlike New Jersey’s definition of domestic violence, however, which is much broader than the federal definition and includes actions not directly related to violence such as criminal mischief, criminal trespass, harassment, and stalking, the federal definition of domestic violence includes relates only to violence and includes any use or attempted use of force or a deadly weapon.  Thus, for example, a New Jersey disorderly persons conviction for harassment under the Prevention of Domestic Violence Act in New Jersey would not prevent an individual from being able to obtain a firearm on the federal law – even without an expungement.

On the other hand, if you were convicted of a New Jersey domestic violence offense that did involve violence (such as assault, homicide, kidnapping, sexual assault, terroristic threats, or criminal sexual contact), you would not be able to obtain a firearm under federal law until that offense is expunged.  Moreover, some of these more serious offenses in New Jersey would be considered non-expungeable — regardless of their age — such as homicide, kidnapping, and false imprisonment.    See N.J.S.A. 2C:52-2(b) for a complete list of non-expungeable offenses in New Jersey.

What if my conviction was expunged?

If your offense is eligible for expungement and your record is successfully cleared in New Jersey, you will no longer need to disclose that conviction on your state firearms applications. In fact, New Jersey’s firearms permit forms (including the Application for Firearms Purchaser Identification Card) explicitly state that you do not need to list expunged or sealed records—and state law treats those convictions as if they never occurred. The same is true for questions 16 through 18 of New Jersey’s Application for Permit to Carry a Handgun.  Thus, expunged offenses do not need to be disclosed and will not be held against you.

However, when it comes to federal firearms law, the situation is more complicated.

Under 18 U.S.C. § 921(a)(20) and § 921(a)(33), a conviction for a misdemeanor crime of domestic violence or a felony may still disqualify you from possessing a firearm—even if it has been expunged—unless the expungement fully removes the conviction for all purposes under federal standards.

Unfortunately, New Jersey expungements do not meet this strict federal definition, because:

• They can still be seen by law enforcement

• They can be used to enhance future sentences

• They don’t completely erase the legal effects of the conviction

As a result, the FBI and ATF may still treat an expunged conviction as disqualifying, and you could be denied during a federal NICS background check—especially for convictions involving domestic violence.

That said, some expunged records may no longer be visible in background check databases, and some individuals have successfully purchased firearms after expungement. But that does not guarantee that federal firearms rights have been restored, and each case depends on the nature of the conviction and how it is interpreted under federal law.

If your New Jersey expungement didn’t restore your ability to purchase a firearm under federal law—or if you were denied during a NICS background check—you’re not out of options.  Here are six options that may apply to your case:

1. Challenge the Federal Denial Through the FBI’s NICS Appeal Process

If your denial was based on incorrect or outdated information, you can challenge the NICS decision. This includes:

• Cases where the offense doesn’t meet the federal definition of a “misdemeanor crime of domestic violence”

• Mismatched identity or records

• Records that should no longer be disqualifying after expungement

2. Clarify the Nature of the Conviction

Not all New Jersey convictions qualify as disqualifying under federal law. For example, harassment or trespass under NJ’s domestic violence statute may not trigger federal firearm bans. We can analyze your offense and, if it doesn’t qualify under 18 U.S.C. § 922(g)(9), submit evidence to the FBI to correct the record.

3. Petition for a Gubernatorial Pardon in New Jersey

A full, unconditional pardon from the Governor of New Jersey may be treated as a complete restoration of your rights under both state and federal law. While this process is more selective, it can offer powerful relief—especially for cases involving serious or non-expungeable offenses. We can prepare and file a compelling clemency petition on your behalf.

4. Request Record Correction or Clarification from the State

If the underlying conviction record is incomplete or misleading, we can request clarification from the NJ State Police or Attorney General’s Office. If successful, the state agency can notify the FBI’s NICS division and help clear your federal record.

5. Apply for a Unique Personal Identification Number (UPIN)

If you’ve been wrongfully delayed or denied during a background check more than once, you may be eligible for a Voluntary Appeal File (VAF) and a UPIN. This is a unique number issued by the FBI that helps distinguish you from others with similar identifiers and prevents repeated wrongful denials.

6. File a Petition Under 18 U.S.C. § 925(c) for Federal Firearms Rights Restoration

This is a newly revived and extremely promising option. In 2025, the U.S. Department of Justice reactivated the long-frozen § 925(c) process, allowing individuals to petition the Attorney General directly for restoration of their federal firearm rights—even if they were previously denied due to a conviction.

If granted, § 925(c) relief restores your rights at the federal level—clearing the way for future firearm purchases, regardless of whether your state expungement was recognized. DOJ is already approving these petitions, and we can help you prepare a comprehensive submission to maximize your chances of success.

What if my firearms application was previously denied as a result of a conviction? Should I disclose the expunged record?

If you previously applied for and were denied a gun permit or if your gun permit was revoked as a result of a criminal conviction, which you subsequently had expunged, you should note Question 27 on New Jersey’s Application for Firearms Purchaser Identification Card and/or Handgun Purchase Permit and Question 19 on New Jersey’s Application for Permit to Carry a Handgun — both of which ask if you ever had a prior firearms application denied or revoked.

Even though you will not be required to disclose information relating to your expunged offense on the prior questions, you would have to disclose that you were previously denied or revoked a firearm and explain the reasons for the denial or revocation, even though they relate to offenses that were subsequently expunged.