For many state-conviction restoration questions, § 921(a)(20) is as important as § 922(g)(1). It defines the conviction that the federal prohibition is built on.
The convicting jurisdiction matters
Federal law generally looks to the law of the jurisdiction in which the proceedings were held when determining what constitutes a conviction for Chapter 44 purposes.
Pardon, expungement, set-aside and restoration language
The statute excludes certain convictions that have been expunged, set aside, pardoned or followed by restoration of civil rights, unless the relief expressly provides that the person may not ship, transport, possess or receive firearms.
Restoration of civil rights can be technical
Courts examine which civil rights were lost and restored and how the jurisdiction structures its restoration process. A generic certificate or discharge document may not answer the federal question.
Federal and state convictions require different research paths
A state relief mechanism may change the federal effect of a state conviction. It generally cannot change the legal status of a separate federal conviction.
How to research your own record
- Get the judgment, charging statute and sentencing/discharge records.
- Identify the exact state and federal firearm disabilities that may apply.
- Verify whether any expungement, pardon, set-aside or restoration order changes the conviction for firearm-law purposes.
- Check current statutes and controlling appellate decisions before possessing, receiving or purchasing a firearm or ammunition.
Use the 50-state + D.C. directory, the § 922(g) guide, and the federal restoration guide for the next layer of research.