Restoring Firearm Rights in Delaware
A Delaware pardon, expungement or other legal relief may affect firearm eligibility, but the result depends on the conviction, the relief granted, federal law and whether any other firearm prohibition remains. Learn the difference before attempting to purchase or possess a firearm.
Important
Expungement: Record removal
Federal law: Separate analysis required
Other prohibitions: May still apply
There is no single “restore my gun rights” procedure
The correct path depends on why the person is prohibited. A felony conviction, qualifying domestic-violence conviction, protective order, mental-health-related prohibition, federal conviction and other restrictions may require different forms of relief.
Identify the Prohibition
Determine exactly which Delaware or federal law currently prevents firearm possession.
Determine Available Relief
Possible relief may include a pardon, expungement, expiration or termination of an order, or another legal procedure.
Check Federal Law
Relief under Delaware law does not automatically resolve every federal firearm disability.
Confirm Eligibility
Do not attempt a firearm purchase until all potentially applicable prohibitions have been resolved.
Jump to a section
What is a Delaware pardon?
A pardon is an act of executive clemency that forgives a conviction and restores certain civil rights.
A pardon does not erase the conviction
The Delaware Board of Pardons explains that the historical fact of the conviction remains on the state’s official arrest and conviction records after a pardon. The record instead reflects that a pardon was granted.
Can a pardon restore firearm rights?
A pardon can be highly important to restoring firearm rights lost because of a Delaware conviction, but the analysis does not stop with the pardon certificate.
Check the exact pardon and every remaining prohibition
The Governor may impose lawful conditions on a Delaware pardon. In addition, a person may remain prohibited for a different conviction, court order, federal disability or another independent reason.
Federal law also recognizes certain pardons, expungements and restorations of civil rights when determining whether a conviction continues to create a federal firearm disability, but the wording and legal effect of the relief matter.
How does someone apply for a Delaware pardon?
A Delaware pardon begins with an application to the Board of Pardons. The Board reviews the application and may recommend that the Governor grant a pardon. Under the Delaware Constitution, a gubernatorial pardon generally requires a written recommendation from a majority of the Board after a full hearing.
Obtain Criminal History
A certified Delaware criminal history is required.
Obtain Court Records
Certified dockets and sentencing orders are generally required for relevant convictions.
Submit Application
Follow the current Board of Pardons application checklist and filing instructions.
Board Hearing
The Board considers the application and determines whether to recommend clemency.
Governor
The Governor makes the ultimate pardon decision.
What is an expungement?
An expungement removes a qualifying arrest, charge or conviction from the person’s criminal record under Delaware’s expungement statutes.
Delaware now provides mandatory and discretionary expungement procedures for qualifying records, including a Clean Slate system that automatically processes some eligible records.
Eligibility depends on the record
The State Bureau of Identification and Delaware Courts provide procedures for determining whether a particular criminal record qualifies for expungement. Some records may require a pardon before expungement becomes available.
Pardon vs. expungement
Forgives the conviction
A pardon is executive clemency. It may restore civil rights but does not itself erase the historical conviction from the record.
Removes the record
An expungement is record relief authorized by statute and removes qualifying criminal-history information from the record.
Does Delaware relief automatically restore federal firearm rights?
Federal law determines the continuing effect of many state convictions by looking to the law of the jurisdiction where the conviction occurred and the legal effect of a pardon, expungement or restoration of civil rights.
The wording of the relief matters
Federal regulations generally provide that a pardoned, expunged, set-aside or civil-rights-restored conviction may stop counting as a federal disabling conviction unless the relief expressly continues a firearm restriction or the person remains prohibited under the law of the jurisdiction.
One pardon may not resolve every firearm prohibition
A person can be prohibited for more than one reason. Relief from one conviction does not necessarily eliminate another independent prohibition.
What about a misdemeanor domestic-violence conviction?
Federal law contains a separate firearm prohibition for qualifying misdemeanor crimes of domestic violence.
Pardon or expungement may matter—but details control
ATF states that an otherwise qualifying pardon, expungement or restoration may eliminate the federal domestic-violence firearm disability unless the relief expressly continues a firearm prohibition. This area is highly fact-specific.
Protective orders are different from criminal convictions
A pardon addresses criminal convictions. It is not the ordinary procedure for terminating an active PFA, LVPO or other civil protective order.
Can Delaware pardon a federal conviction?
No.
Delaware’s Governor and Board of Pardons deal with Delaware convictions. A federal conviction is governed by federal clemency and federal firearm law.
ATF regulations provide that a Presidential pardon for a qualifying federal conviction can remove the federal firearm disability associated with that conviction, subject to the terms of the pardon and any other applicable prohibition.
Can an individual simply apply to ATF to restore firearm rights?
Federal law contains a statutory process under 18 U.S.C. § 925(c), but ATF currently states that Congress has not appropriated funds for ATF to process individual applications for federal relief from firearms disabilities.
Do not rely on § 925(c) as an available individual application process
ATF currently accepts that form of restoration application from qualifying corporations, but not from prohibited individuals because of the continuing appropriations limitation.
Can I immediately buy a firearm after receiving a pardon?
Do not assume that possession of a pardon certificate automatically means an immediate firearm transaction will receive approval.
The person’s criminal-history record, pardon, expungement status and other eligibility information may need to be accurately reflected in the systems used during a firearm background check.
Keep certified documentation
Retain copies of the pardon, expungement order and related court or government records. They may be important if a firearm transaction is delayed or denied because an older record has not been updated correctly.
A pardon does not bypass the firearm background check
A person whose rights have been restored must still complete the same legally required firearm transaction procedures that apply to other purchasers.
Purchasing after a pardon or expungement
Coastal Firearms
DelawareGunLaws.com is supported by Coastal Firearms, a Delaware federally licensed firearms dealer.
A dealer can process a firearm transaction only under the eligibility information and approvals provided through the applicable federal and Delaware systems. An FFL cannot independently declare that a person’s firearm rights have been restored.
A purchaser with a prior prohibition should confirm the legal effect of any pardon, expungement or court order before attempting a transaction and should keep certified copies of the relevant documents.
Frequently asked questions
Can a Delaware felon ever regain firearm rights?
Potentially. A gubernatorial pardon can affect the firearm disability caused by a Delaware conviction, but the exact pardon, federal law and any other prohibiting circumstances must be reviewed before concluding that firearm possession is lawful.
Does a Delaware pardon erase my criminal record?
No. The Board of Pardons states that a pardon does not remove the historical conviction from the official record. A person may separately qualify to seek expungement after receiving a pardon.
Is an expungement the same as a pardon?
No. A pardon is executive clemency that forgives a conviction and may restore rights. An expungement is statutory record relief that removes qualifying criminal-history information.
Do I need both a pardon and an expungement?
Not in every case. Eligibility for expungement depends on the record. Some convictions may require a pardon before expungement becomes available, while other records may qualify independently.
Does a pardon automatically restore federal gun rights?
Federal law gives legal effect to certain pardons and other restoration measures, but the exact conviction, jurisdiction, wording of the pardon and any remaining firearm restrictions matter. Another independent federal prohibition may still apply.
Can Delaware pardon a federal felony?
No. Delaware’s pardon process addresses Delaware convictions. Federal convictions are governed by federal clemency and federal law.
Can I apply directly to ATF to restore my firearm rights?
Federal law contains a relief procedure under 18 U.S.C. § 925(c), but ATF currently states that Congress has not funded ATF to process individual applications for restoration of firearm privileges.
Does a pardon terminate a PFA or LVPO?
No. A pardon concerns a criminal conviction. An active protective order is a separate legal matter and must be addressed through the procedures governing that order.
Can I buy a gun immediately after getting a pardon?
Do not assume so. First confirm that the pardon actually removes the relevant firearm prohibition, that no other prohibition remains, and that the applicable criminal-history and background-check records accurately reflect the relief.
Related Delaware firearm-law topics
Official sources
Delaware Board of Pardons
Official Delaware pardon, commutation and expungement information.
Delaware Constitution — Article VII
Constitutional authority and procedure for pardons.
11 Del. C. §§ 4371–4375
Delaware adult criminal-record expungement statutes.
Delaware Courts — Expungements
Official court information regarding expungement procedures.
27 C.F.R. § 478.11
Federal treatment of pardoned, expunged and civil-rights-restored convictions.
27 C.F.R. § 478.142
Effect of pardons and expunctions on certain federal firearm disabilities.
Legal information, not legal advice.
DelawareGunLaws.com is an independent educational resource and is not affiliated with the Delaware Board of Pardons, Delaware Courts, ATF or any government agency. Firearm-rights restoration is highly fact-specific. A pardon, expungement or termination of one prohibition does not necessarily eliminate every state or federal firearm disability. A person with a prior firearm prohibition should obtain individualized legal advice before possessing, receiving or attempting to purchase a firearm.
Persons Prohibited From Possessing Firearms in Delaware
Identify the Delaware and federal restrictions that can make a person ineligible to possess firearms or ammunition before determining whether restoration is necessary or available.