Author: CCRC Staff

Editorial staff of the Collateral Consequences Resource Center

Restoration of firearm rights after conviction: Findings and recommendations

We are pleased to publish an updated version of our report on state laws governing loss and restoration of firearm rights after a criminal conviction: Restoration of Firearm Rights After Conviction: A National Survey and Recommendations for Reform.

Restoration-of-Firearm-Rights-After-Conviction-Report-Dec.-2025

This report, a version of which was originally published in June of 2025, finds that felony dispossession laws in most states extend well beyond what is necessary to advance public safety objectives, and that the process for regaining lost rights tends to be difficult to navigate if accessible at all.

Our report argues that broad categorical dispossession laws are more vulnerable to constitutional challenge under the Second Amendment where a state does not provide an easily accessible process for restoring rights based on an individualized assessment of public safety risk. It makes a number of recommendations to this end, which are summarized at the end of this post.  

Since our report was first published six months ago, there have been some changes in state laws warranting an update. More significant, however, in July 2025 the U.S. Department of Justice (DOJ) proposed to revive a long-dormant program under 18 U.S.C. § 925(c) for restoring rights lost under the federal dispossession statute. Originally administered by ATF, the revived program will be administered by DOJ’s Office of the Pardon Attorney. We decided that this development was important to cover in what is otherwise a report on state law, because of the close relationship between state and federal dispossession laws.

In a related development, DOJ seems to agree with our report’s argument that the existence of an accessible restoration mechanism may cure constitutional deficiency in a dispossession statute. Thus, the U.S. Solicitor General relied upon the renewed availability of administrative relief from federal restrictions under § 925(c) in arguing that the Supreme Court should decline to grant review in the case of a Utah woman federally dispossessed because of a dated conviction for food stamp fraud. See Brief for the Respondent in Opposition, Vincent v. Bondi, No. 24-1155, at 9 (Aug.11, 2025). For a review of Second Amendment cases on the radar of the Supreme Court this Term, see Kelsey Dallas, Second Amendment in the spotlight, SCOTUSblog (Nov. 13, 2025).

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Update on federal firearms restoration program

Last spring, the Department of Justice (DOJ) announced its intention to revive a long-dormant program to remove federal restrictions on firearm possession, including for those with a criminal record.  In July DOJ published for comment a proposed rule that would, when finalized, accomplish this for people who are determined to pose no public safety risk. See 18 U.S.C. § 925(c). See Trump’s Justice Department aims to restore gun rights for nonviolent offenders.

The comment period closed on October 20, and it is therefore possible that a final rule will be published at any time to launch the revived program. This will open the door, for the first time in more than 30 years, to many individuals who have been unable to regain their firearm rights because of their criminal record. It is anticipated that thousands of people will want to apply for this relief, which will be administered by the Justice Department’s Office of the Pardon Attorney.

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New information about revived federal firearm restoration process

On March 20 of this year, the Justice Department announced its intention to revive the long-dormant administrative process for restoring federal firearm rights lost because of a criminal conviction. It did not explain how it intended to do this.

We have now learned more about how the revived federal firearm restoration process will work.

The DOJ budget for FY 2026 published on June 13 confirms that, while a number of departmental components will be reduced or phased out entirely, the Office of the Pardon Attorney has an entirely new responsibility and additional funding for “leading the Department’s initiative on creating and establishing a process for restoring firearm rights to citizens.”

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“Positive Credentials That Limit Risk: A Report on Certificates of Relief”

We are pleased to present a new report dealing with “certificates of relief,” a form of relief from the collateral consequences of conviction that is less far-reaching than record clearing but potentially available to more people at an earlier point in time. These certificates, offered by a court or correctional agency, do not limit public access to a person’s record but are effective in reducing many record-related disadvantages in the workplace, including by providing employers and others with protection against the risk of being sued for negligence.

Positive Credentials That Limit Risk: A Report on Certificates of Relief makes the case that, at least as long as expungement and sealing remain unavailable to many people with a felony conviction record, or are available only after lengthy waiting periods, certificates of relief can provide an important addition to a state’s reentry scheme, and serve as a bridge to more thorough forms of record relief like expungement or pardon.

At the same time, in a promising development, certificates are beginning to be widely used by prison and parole agencies to encourage employment opportunities and otherwise facilitate reentry for those exiting prison or completing supervision.

Given the perceived limits of record clearing as a comprehensive reentry strategy, social science researchers have become interested in studying the effect of laws that aim to increase the positive information about individuals with a criminal record to counter the negative effect of the record itself. This report is intended to support these research efforts by describing the state of the law relating to certificates of relief in the 21 states that now offer them, and by suggesting directions of further research. A follow-up study will look at pardons.

We hope that this report will stimulate public interest in a type of relief that has been neglected in recent years as background screening has become widespread, and suggest ways to make it more widely appreciated and available. Our goal is to encourage a view of certificates and expungement as complementary parts of a single structured system of serially available criminal record relief.

As state certificate programs are referenced in the body of this report, readers may want to refer to the comparison charts and state-by-state summaries of the law included in the Appendices.  Certificates can be put into the broader context of a state’s other record relief mechanisms in the state profiles from CCRC’s Restoration of Rights Project.

 

First fair chance licensing reforms of 2024

Expanding employment opportunities in licensed occupations has been a priority for criminal record reformers in the past half dozen years. Happily, fair chance licensing reforms also appear less politically controversial than some others, with Midwestern states like Iowa and Indiana among the most progressive in the Nation in their treatment of justice-impacted license applicants and licensees.

In the first three months of 2024, two more Midwestern states (South Dakota and Nebraska) enacted comprehensive changes to their licensing laws, while a third state (Pennsylvania) was poised to close a major loophole in its licensing scheme. These reforms continue a nationwide trend that since 2017 has seen 43 states and the District of Columbia enact 79 separate laws* to limit state power to deny opportunity to qualified individuals based on their criminal history. Significant legislation is under serious consideration in half a dozen additional states, so we expect this year to produce another bumper crop of fair chance licensing laws.

The new laws are described briefly below, and additional details can be found in the relevant state profile from the Restoration of Rights Project. Read more