Getting your gun rights back after a domestic violence conviction means undoing the conviction itself through a route the federal government will honor — in practice, either an expungement or set-aside that wipes the conviction clean, or an unconditional gubernatorial pardon. A rarely used federal application process exists as a third option and has recently shown signs of life, but it remains uncertain. Whichever route you use, the order or pardon has to be worded correctly, your state’s own firearm restrictions have to fall away too, and you have to clear the federal background check system afterward.
Why the Conviction Blocks You in the First Place
The Lautenberg Amendment, codified at 18 U.S.C. § 922(g)(9), makes it a federal crime for anyone convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition, with penalties of up to 15 years in federal prison.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts2Office of the Law Revision Counsel. 18 USC 924 – Penalties The ban is a lifetime prohibition and applies to convictions from before the law was passed in 1996. Federal law recognizes only three circumstances that make a conviction stop counting: expungement, a pardon, or restoration of civil rights.3Office of the Law Revision Counsel. 18 USC 921 – Definitions Everything below builds from those three.
Expungement or Set-Aside
Expungement is a court order that erases the conviction from your record. For it to lift the federal firearm ban, the expungement has to remove all legal disabilities, treating the conviction as if it never happened. If the order contains any language restricting your ability to possess firearms, or if your state continues to bar you from possessing firearms despite the expungement, the federal ban stays in place.3Office of the Law Revision Counsel. 18 USC 921 – Definitions
This is where most self-represented efforts fail. People obtain an expungement that works under state law but leaves the federal prohibition intact, either because the judge’s order carried restrictive language or because state law still forbids them from having a gun. Ask any attorney you hire to request an order with clean, unconditional wording that does not restrict firearm rights in any way.
Eligibility varies widely by state. Most states impose a waiting period after you complete your sentence, typically one to five years depending on the offense and jurisdiction. Not every state allows expungement of domestic violence convictions at all. Court filing fees generally run $100 to $400, and attorney fees for handling the petition run anywhere from $400 to $4,000.
Unconditional Gubernatorial Pardon
A full pardon from a state governor is the second recognized path. To lift the federal ban, the pardon must be unconditional and must not include any provision prohibiting you from possessing firearms.3Office of the Law Revision Counsel. 18 USC 921 – Definitions Pardons that expressly restrict firearm possession, or that carry conditions limiting your rights, will not satisfy the federal standard.
Pardons are discretionary and the process varies by state. In most states, getting one for a misdemeanor domestic violence conviction is difficult and can take years. Before starting down this road, confirm that your state’s pardon process is capable of producing an unconditional pardon without firearm restrictions. If it cannot, the effort will not restore your federal rights no matter how it turns out.
Why Civil Rights Restoration Usually Isn’t an Option
Federal law also lists restoration of civil rights as a way to remove the ban, but this pathway only works if the state law actually stripped your civil rights over the conviction.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions Misdemeanor convictions in most states do not cause the loss of voting, jury service, or the right to hold public office. If nothing was ever taken away, there is nothing to restore, and this route is closed. It matters only in the small number of states that do remove civil rights over certain misdemeanors.
The Federal § 925(c) Application
A separate federal path exists under 18 U.S.C. § 925(c), which lets anyone prohibited from possessing firearms apply directly to the Attorney General for relief. The applicant must show they are unlikely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest. A denial can be reviewed in federal district court.5Office of the Law Revision Counsel. 18 USC 925 – Exceptions; Relief From Disabilities
For more than 30 years this pathway was effectively frozen. Since 1992, Congress has included a rider in every annual appropriations bill barring ATF from spending funds to investigate or act on individual relief applications.6Federal Register. Withdrawing the Attorney Generals Delegation of Authority The picture has recently changed. In February 2026, the Attorney General granted relief from federal firearms disabilities to 22 individuals under § 925(c), with notice published in the Federal Register.7Federal Register. Granting of Relief; Federal Firearms Privileges It is the first known batch of individual grants in decades. Whether this route will stay open is unclear, so anyone considering it should talk to a firearms attorney familiar with the current status of § 925(c) applications.
State Law Can Still Stop You
Most states have their own statutes restricting firearm possession after a domestic violence conviction, and many go further than federal law. Some define domestic relationships more broadly, cover a wider range of misdemeanor offenses, or impose longer waiting periods before restoration is possible. The result is a dual-prohibition system. A state remedy does not automatically lift the federal ban, and a federal remedy does not lift a state ban. You have to clear both.
Practically, that means checking early whether your state’s own firearm laws will continue to prohibit you after an expungement or pardon. If they will, the federal ban continues too, because § 921(a)(33)(B) looks at whether you are still prohibited under state law.
Clearing the Background Check System
Winning in court is not the end. The FBI’s National Instant Criminal Check System may still flag you as a prohibited person based on outdated records, and you will be denied at the point of sale when you try to buy a firearm.
The FBI allows individuals to challenge a NICS denial by submitting documentation such as a certified copy of the expungement order, pardon, or restoration of rights.8Federal Bureau of Investigation. Challenges / Appeals The FBI will validate your documents with the originating court or law enforcement agency. Keep certified copies of every court order and legal document, because you will likely need them more than once. A certified copy of your criminal history typically costs $15 to $30, though fees vary by state.
Guns in Your Home While You’re Still Prohibited
Until your rights are restored, the federal ban covers possession, not just ownership. Possession includes constructive possession, which means knowingly having the ability to access and control a firearm even if it belongs to someone else. If a spouse or roommate keeps guns in your home and you know about them and could get to them, a prosecutor can argue you constructively possess them. Federal charges have been brought against prohibited people who never bought or handled a gun themselves.
If you live with someone who owns firearms, make sure every gun is stored in a locked container you cannot access, or removed from the home entirely. An unlocked closet or shared space is a risk most people underestimate until it becomes a criminal charge.
Working With an Attorney
Restoration is not a do-it-yourself project. A lawyer who works in firearms law or criminal record relief can tell you whether your specific conviction qualifies as a misdemeanor crime of domestic violence under federal law, whether your state offers an expungement or set-aside for the offense, and whether the remedy available to you will actually satisfy the federal standard once you get it. That third question is where cases quietly fall apart, and it is worth answering before you file anything.