Can You Own a Gun After Expungement?

Federal Law Basics

Under 18 U.S.C. § 922(g), it is a federal crime for certain people to possess firearms, including anyone who has been:

• Convicted of a crime punishable by more than one year in prison (a "felony" or certain serious misdemeanors)
• Convicted of a misdemeanor crime of domestic violence
• Subject to certain domestic violence restraining orders
• Committed to a mental institution
• A user of controlled substances

The key question is whether an expungement removes you from these categories under federal law.

When Expungement Restores Gun Rights

If your expungement is granted under state law and fully restores your civil rights — including the right to vote, serve on a jury, and hold public office — federal law (the Logan Act exception) generally treats the conviction as though it never happened for firearm possession purposes.

This means your gun rights are restored if:

• The expungement is a true expungement (record destroyed), not just sealing
• The state restores all civil rights (some states restore voting but not firearm rights — this matters)
• The underlying offense was not a domestic violence misdemeanor (federal law has a separate, stricter rule for these)

When Gun Rights Are NOT Restored

Gun rights typically remain restricted in these situations:

Domestic Violence Convictions

Under the Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence is permanently barred from firearm possession — and expungement does not remove this federal bar in most jurisdictions. This is one of the biggest exceptions.

Federal Convictions

Federal convictions cannot be expunged in most cases (except for minor drug offenses under 18 U.S.C. § 3607). A presidential pardon is typically the only path to restoring gun rights after a federal conviction.

Incomplete Rights Restoration

Some states restore voting rights but specifically exclude firearm rights. If your state does this, the federal Logan Act exception doesn't apply, and you remain a prohibited person under federal law.

Waiting Periods

Some states restore gun rights only after an additional waiting period beyond the expungement date. For example, you might get your record expunged but need to wait another 5-10 years before firearm rights are restored.

State-by-State Snapshot

Check your state's guide for specific rules.

How to Check Your Status

1. Verify your expungement is complete. Get a copy of the court order.
2. Check if your state restores all civil rights. Contact your state's attorney general or a criminal defense attorney.
3. Run a NICS background check. Before purchasing a firearm, the National Instant Criminal Background Check System will flag if you're prohibited. You can also request a personal NICS appeal.
4. Consult an attorney. Firearm possession by a prohibited person is a felony punishable by up to 10 years in federal prison. Don't guess — get legal confirmation.