If you have a felony conviction and want your gun rights back, federal law recognizes four ways to restore firearm rights after a felony: a pardon, an expungement, a set-aside, or a restoration of civil rights, each issued by the jurisdiction where you were convicted and none of them carving out firearms. Which of those routes is actually open to you depends on whether the conviction was state or federal, whether the offense was violent, and the rules of the state involved. Getting it wrong is not a paperwork problem. Possessing a firearm while still prohibited carries up to 15 years in federal prison.
The Federal Ban You Are Trying to Lift
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.1Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons What matters is the maximum possible sentence for the offense, not what you actually served. A suspended sentence or probation-only disposition still counts if the statute allowed more than a year.
The penalty for a violation reaches 15 years in federal prison. For someone with three or more prior convictions for violent felonies or serious drug offenses, the minimum sentence is 15 years with no probation available.2Office of the Law Revision Counsel. 18 USC 924 – Penalties Most states layer a parallel prohibition on top of the federal one, so a legal path forward usually has to clear both.
The Four Mechanisms Federal Law Recognizes
Under 18 U.S.C. § 921(a)(20), a conviction does not count as a disqualifying conviction if the conviction was expunged, the conviction was set aside, the person received a pardon, or the person’s civil rights were restored.3Office of the Law Revision Counsel. 18 USC 921 – Definitions Two conditions govern all four routes.
First, the action has to come from the jurisdiction that convicted you. The Supreme Court confirmed this in Beecham v. United States: only the convicting jurisdiction can remove the federal firearms disability.4Legal Information Institute. Beecham v United States A pardon from your current governor does nothing for a conviction from another state. A federal conviction cannot be fixed by any state process at all.
Second, the order cannot carve out firearms. If the pardon, expungement, or restoration certificate contains language saying you still may not possess firearms, the federal ban stays in place. This is common. Several states restore voting rights and other civil rights automatically after sentence completion but expressly exclude firearms from that restoration, which means the paper you have in hand does not do what it looks like it does.
Whichever mechanism applies in your situation, the result federal law cares about is the same: a conviction that, in the eyes of the convicting jurisdiction, no longer carries full disqualifying weight, with no firearms exception written into the order.
State Conviction or Federal Conviction
Before anything else, identify which government prosecuted you. The difference drives the entire strategy.
If the conviction is federal, your options are extremely narrow. Congress built a process under 18 U.S.C. § 925(c) that would let the ATF grant individual relief. Congress has also attached a rider to ATF’s annual appropriations every year since 1992 forbidding the agency from spending any money to process those applications.5U.S. Department of Justice. Federal Firearm Rights Restoration The program has been effectively frozen for more than three decades. The Department of Justice has published a proposed rule that could reactivate 925(c) relief, but as of early 2026 no final rule has taken effect. That leaves a presidential pardon as the only reliable path for someone with a federal conviction.
If the conviction is from a state court, you have real options, and § 921(a)(20) means that whatever the state does to clean up the conviction generally lifts the federal ban too. Most of the rest of this article is about those state paths.
How States Handle Restoration
State approaches fall into three broad categories. Knowing which one applies to your state tells you whether you need to file something, wait something out, or seek clemency.
Some states restore firearm rights automatically once you finish your full sentence, including probation and parole. A few impose a waiting period of several years after discharge but still require no petition. If you were convicted in one of these states and finished your sentence long ago, your rights may already be restored under state law.
Many states require a formal petition to a court, usually in the county of conviction or the county where you now live. These states typically layer on a waiting period and require you to show rehabilitation before a judge will sign an order.
Some states offer no judicial mechanism and route everyone through an executive pardon from the governor. A handful have no restoration mechanism at all.
Waiting periods across the country range from zero to 20 years depending on the state and the offense. Many states draw a sharp line between violent and nonviolent felonies, allowing restoration relatively quickly for nonviolent offenders while requiring a pardon, or barring restoration entirely, for violent ones.
Who Actually Qualifies
Even in states that permit restoration, baseline requirements show up almost everywhere.
Your sentence has to be fully complete. All prison time served, parole discharged, probation finished, and every financial obligation paid, including restitution, court costs, and supervision fees. Courts routinely refuse to hear a petition from someone who still owes restitution or has an open warrant. Most jurisdictions also require a clean post-sentence record, typically somewhere between two and ten years with no new charges.
The nature of your offense is the single biggest variable. Nonviolent felonies are far more likely to qualify than crimes involving force. Federal law defines a crime of violence as an offense involving the use, attempted use, or threatened use of physical force, or a felony that by its nature carries a substantial risk of physical force.6Office of the Law Revision Counsel. 18 USC 16 – Crime of Violence Defined Many states maintain their own permanent-bar lists covering homicide, sexual assault, kidnapping, robbery, and any felony committed with a weapon. If your conviction is on that kind of list, a pardon is likely your only route, and even that is not guaranteed.
Multiple felony convictions make any petition harder. Courts want to see a clear break from past conduct, and a record with repeated offenses undermines that showing.
Filing a Judicial Restoration Petition
In states that allow judicial restoration, the sequence is reasonably predictable even though forms and local rules vary.
The Documents You Need
Before filing, gather the records that prove your conviction and sentence completion:
- A certified copy of the judgment of conviction, showing the charges, plea or verdict, and sentence, from the clerk of court in the sentencing county.
- A certificate of discharge or similar letter from corrections or probation confirming that all custodial and supervisory terms are satisfied.
- A current criminal history report from a state law enforcement agency or the FBI, showing no pending charges or undisclosed convictions.
The petition itself needs the original case number, the specific offense, sentencing dates, and discharge dates. Getting any of these wrong creates delays, because courts send back incomplete petitions rather than filling in the blanks.
Filing, Hearing, and Order
The petition gets filed with the appropriate court, usually a superior or circuit court in the county of residence or conviction. Filing fees are generally modest. You will typically be responsible for serving a copy on the local prosecutor, who then has an opportunity to object.
If the prosecutor objects, expect a hearing. You may need to testify about your rehabilitation, present character witnesses, show stable employment, and explain why restoration will not endanger public safety. Some courts hold a hearing even without an objection. Judges look at the full picture: what you did, how long ago, what you have done since, and whether anything suggests ongoing risk.
If the judge grants the petition, the court issues an order that should be transmitted to the state’s criminal records division so background check databases reflect the change. Keep certified copies. You will need them later.
Attorney fees for a restoration case typically run between $1,000 and $6,000, depending on complexity, whether a hearing is required, and local market rates. Some people handle petitions themselves, but the stakes make professional help worth considering.
Pardons
A pardon is executive grace rather than a court order. When it comes without a firearms restriction, it lifts the federal disability under § 921(a)(20).3Office of the Law Revision Counsel. 18 USC 921 – Definitions
For state convictions, the pardon power rests with the governor in most states, often working with a board of pardons and paroles that reviews applications and makes recommendations. Criteria are broader and more subjective than those used by a judge. Boards weigh rehabilitation, community contributions, remorse, and the nature of the offense. Some states require a minimum waiting period of five or more years after sentence completion before you can even apply. Applications can sit for years, and denial rates are high. For people whose convictions make them ineligible for judicial restoration, a pardon may still be the only option.
For federal convictions, the pardon comes from the President and runs through the Department of Justice’s Office of the Pardon Attorney. The application requires detailed personal and criminal history information, and the process includes an FBI background investigation. DOJ is candid about the timeline: years from application to a final decision, no hearing, no appeal from a denial.7U.S. Department of Justice. Application for Pardon After Completion of Sentence With 925(c) relief frozen, this is the primary mechanism for restoring firearm rights after a federal conviction. Very few people receive one.
Expungement and Set-Aside Orders
Expungement and set-aside orders are a separate route. Under § 921(a)(20), a conviction that has been expunged or set aside is not a disqualifying conviction for federal firearms purposes, as long as the order does not specifically bar firearm possession.3Office of the Law Revision Counsel. 18 USC 921 – Definitions
Availability is uneven. Some states allow expungement of certain felony convictions after a waiting period. Others limit expungement to misdemeanors or first offenses. A set-aside, available in some jurisdictions, typically vacates the conviction while leaving the arrest record intact. Either mechanism can remove the firearms disability if the order does not carve out firearms. Where expungement is available, it is often the strongest option because it also addresses employment, housing, and other collateral consequences. Eligibility rules are narrow, and violent felonies are almost universally excluded.
The Separate Domestic Violence Prohibition
A different federal ban can apply even when a felony is not involved. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms. The conviction does not need to be labeled “domestic violence.” Any misdemeanor involving the use or attempted use of physical force, or the threatened use of a deadly weapon, triggers the ban if the victim was a spouse, former spouse, co-parent, cohabitant, or someone in a dating relationship with the offender.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions A plea to “simple assault” or “disorderly conduct” can qualify.
Restoration from this prohibition follows the same four mechanisms: pardon, expungement, set-aside, or restoration of civil rights, provided the order does not expressly bar firearm possession.9U.S. Department of Justice. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence There is a catch. The “restoration of civil rights” route only works if the state actually strips civil rights for the misdemeanor in question. In states where misdemeanors do not cause a loss of civil rights, there is nothing to restore, and the ban becomes effectively permanent absent a pardon or expungement.
One narrow exception exists for convictions based on a dating relationship rather than a spousal or cohabitant one. If the offender has only one qualifying conviction involving a dating partner, the prohibition lifts after five years from the later of the conviction date or completion of the custodial or supervisory sentence, provided there are no other disqualifying convictions.8Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions The five-year sunset does not apply when the victim was a spouse, former spouse, co-parent, or cohabitant.
Antique and Black Powder Firearms
Federal law does not treat antique firearms as “firearms” for purposes of the felon-in-possession ban. A prohibited person can lawfully possess an antique under federal law. The definition covers three categories: a firearm manufactured in or before 1898, a replica of such a firearm not designed for modern ammunition, and a muzzle-loading weapon designed for black powder that cannot accept fixed ammunition.10Bureau of Alcohol, Tobacco, Firearms and Explosives. 27 CFR 478.11 Meaning of Terms
Two cautions matter. Weapons built on modern firearm frames or receivers do not qualify, even with a muzzle-loading barrel installed. More importantly, many states classify black powder weapons as firearms under state law and prohibit felons from possessing them regardless of the federal carve-out. The ATF explicitly warns that state and local laws may be more restrictive and advises checking with the state attorney general’s office first.11Bureau of Alcohol, Tobacco, Firearms and Explosives. Top 10 Frequently Asked Firearms Questions and Answers A mistake here means a state felony even where federal law allowed the possession.
Fixing Background Check Problems After Your Rights Are Restored
Paper does not always translate to a smooth experience at the gun store counter. The FBI’s National Instant Criminal Background Check System pulls from criminal record databases that may not yet reflect your updated status. If the state records division has not processed the court order or pardon, the background check still comes back as a denial.
Challenging a Denial
If you are denied after your rights have been legally restored, you can challenge the denial directly with the FBI. You can file electronically through the FBI’s online portal or by mail. Include the NICS Transaction Number or State Transaction Number from the denied check and supporting documentation such as a certified copy of your restoration order or pardon. The FBI is required to respond within 60 calendar days with a decision to sustain or overturn the denial.12Federal Bureau of Investigation. Requesting Reason for and/or Challenging a NICS-Related Denial
A UPIN for Future Purchases
Winning a challenge once does not stop the same problem from recurring on your next purchase. The FBI’s Voluntary Appeal File exists for this. Approved applicants receive a Unique Personal Identification Number that they provide on the ATF Form 4473 during future background checks, allowing the system to match your identity to your corrected records rather than flagging the old conviction. Applying requires a completed VAF application and fingerprints, submitted electronically or by mail to the FBI CJIS Division. Processing currently takes about 60 days.13Federal Bureau of Investigation. Voluntary Appeal File If you have gone through the effort of restoring your rights, applying for a UPIN immediately afterward saves repeated frustration.
What the Changing Constitutional Law Means for You
The law in this area is moving. In 2022, the Supreme Court announced a new framework for evaluating gun laws in New York State Rifle & Pistol Association v. Bruen, requiring the government to show that a restriction is consistent with the nation’s historical tradition of firearms regulation.14Congressional Research Service. Courts Disagree as to Whether the Federal Felon-in-Possession Statute Is Constitutional That test has produced a split among the federal circuits over whether the felon-in-possession ban is constitutional as applied to nonviolent offenders. The Third Circuit, in Range v. Attorney General, held that permanently disarming a man convicted of a nonviolent false-statement offense violated the Second Amendment.15United States Court of Appeals for the Third Circuit. Range v Attorney General Other circuits have upheld the ban. In United States v. Rahimi (2024), the Supreme Court upheld the ban on firearm possession by people subject to domestic violence restraining orders and repeated the earlier description of felon firearm prohibitions as “longstanding” and “presumptively lawful,” but did not resolve the split for nonviolent offenses.16Supreme Court of the United States. United States v Rahimi
None of this is a reason to skip a formal restoration process and gamble on a court ruling. Constitutional litigation takes years, costs a great deal, and the outcome is uncertain. If formal restoration is available in your situation, that is the route. If it is not, and your conviction is nonviolent, a constitutional challenge may eventually become a last resort worth considering with counsel.