Does an expungement restore gun rights? The federal test, and why the answer is not the same in every state

Sometimes. It depends on what your state's remedy actually does — not on what it is called.

The federal test, quoted

18 U.S.C. 921(a)(20): "Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."

ATF's regulation adds a fourth condition the statute does not state on its face. 27 CFR 478.11 says the conviction still counts "unless the person is prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms." So a state remedy that says nothing about firearms can still fail, if that state's law independently keeps you from possessing one.

So the test has three parts

1. Is the remedy an expungement, a set-aside, a pardon, or a restoration of civil rights?
2. Does it avoid expressly reserving firearm rights?
3. Does the state's own law nonetheless still bar you?

What "civil rights restored" means

Not everything. The Supreme Court of Ohio, quoting Logan v. United States, 552 U.S. 23, 28 (2007): "the civil rights relevant under [18 U.S.C. 921(a)(20)] are the rights to vote, hold office, and serve on a jury."

The part that is never in doubt

A state remedy never reaches a federal conviction. Section 921(a)(20) sends the question to "the law of the jurisdiction in which the proceedings were held" — and for a federal conviction that jurisdiction is the United States. The Department says the same thing on its own page: "In criminal cases, state restoration of rights does not remove disabilities imposed by federal conviction." That is the entire reason 18 U.S.C. 925(c) exists.

Why we do not answer this for you

The name of the remedy predicts nothing. In the twelve states we sourced, a Michigan set-aside takes the conviction outside Michigan's felon-in-possession statute (MCL 750.224f(9)), while a California dismissal under Penal Code § 1203.4 does not restore firearm rights. In Washington, vacating a conviction does not by itself restore state firearm rights, yet a vacated domestic-violence misdemeanor "is not considered a conviction of such an offense for the purposes of 27 C.F.R. 478.11" (RCW 9.96.060(8)(b)). "Restoration of civil rights" restores nothing for firearms in Virginia — there, a separate circuit-court order is needed.

For firearms-only orders and for certificates, whether they count as a section 921(a)(20) event turns on federal case law that this site did not read. We publish the test and what your state's remedy does under state law. We do not tell you the answer for your record, because that is a legal judgement about your facts — and it is the question worth taking to an attorney.

See what your state does → · Find attorneys licensed in your state →

This is a private website, not a government site. The official site is justice.gov/ffrr. Information with sources and check dates — not legal advice, and never a decision about you.