Executive Summary
Many people believe that expungement clears the path to regaining all rights, including firearm ownership. Expungement and firearm rights are governed by both New Mexico state law and federal law – and the two do not always align. While sealing a criminal record can improve opportunities for employment and housing, and can restore your reputation, it does not guarantee that you can legally own or carry a gun again. Whether expungement restores gun rights depends on several factors, including the type of conviction being expunged, which federal restrictions apply to your case, and whether additional legal steps – such as a petition or pardon – are required before your gun rights are restored. Understanding what expungement can – and cannot – do with regard to your firearm rights is essential to avoid costly mistakes and to ensure you take the right steps toward improving your future.
Understanding Expungement and Firearm Rights in New Mexico
Expungement in New Mexico is the process of sealing or erasing criminal records from public view. For many offenses, this means that potential employers or landlords cannot see the case or any conviction. However, expungement and firearm rights do not always align, and a cleared legal record may serve to improve your opportunities in daily life, but it does not guarantee your firearm rights. .
So, does expungement restore gun rights? In many cases, the answer is no – or at least not right away. Courts in Albuquerque may treat firearm restrictions as separate from other consequences of a criminal conviction.
Why Expungement May Not Restore Firearm Rights
There are several reasons why expungement does not automatically restore firearm rights in Albuquerque:
- Federal Law Overrides State Relief: Even if New Mexico expunges your record, federal law may still prohibit you from owning a firearm in Albuquerque, especially if your offense involved violence, drugs, or domestic abuse.
- Certain Convictions Remain Disqualifying: Crimes such as felony assault, domestic violence, or crimes involving weapons may still block your firearm rights under state law – regardless of expungement in Albuquerque.
- Automatic Restoration Is Rare: Expungement clears your record from public access, but restoration of rights often requires you to pursue a separate legal process in New Mexico.
- Background Checks Still Matter: Even if your record is sealed at the state level, federal background checks may still reveal disqualifying offenses.
How Federal and State Laws Interact
The relationship between expungement and firearm rights restoration depends heavily on how state and federal systems interact; they are separate legal systems
- New Mexico Law: New Mexico allows expungement of many records, but the law does not guarantee the return of your firearm rights.
- Federal Law: The federal government imposes its own restrictions – and there are many of them. For example, under the Lautenberg Amendment, individuals convicted of misdemeanor domestic violence crimes are prohibited by federal law from owning firearms – even if their records are later expunged at the state level.
- Practical Effect: Someone may successfully expunge a state-level conviction but still fail a federal firearm background check.
This creates confusion for people who assume expungement automatically means that your rights have fully restored. In reality, expungement and firearm rights are separate legal matters, and expungement does not necessarily mean that you are now allowed to validly possess a firearm.
Steps You May Need to Take Beyond Expungement
If firearm rights are important to you, you must go beyond simply pursuing an expungement and take other, specific legal steps. Depending on your situation, this may include:
- Petitioning for Firearm Rights Restoration: Some individuals may be eligible to petition the court directly for the restoration of firearm rights.
- Seeking a Pardon: In limited cases, a governor’s pardon may provide broader relief than expungement.
- Consulting an Expungement Attorney: An Albuquerque expungement attorney can help determine whether expungement will impact your firearm rights or if you need to pursue additional legal actions to restore your firearm rights.
- Understanding Federal Law: Even if New Mexico restores your rights, you must ensure that federal law does not still prevent firearm ownership.
Common Misconceptions About Expungement and Firearm Rights
Many people move forward with expungement under the assumption that they will regain all civil rights, including the right to bear arms. However, before you proceed with an expungement, you need to understand the following:
- Expungement is not the same as a pardon.
- Expungement may not erase a conviction under federal law regarding firearm rights.
- Expungement improves reputation and opportunities but does not guarantee gun rights.
- Albuquerque courts treat firearm restoration as a legal issue distinct from expungement.
In other words, when people ask, “Does expungement restore gun rights?” – the honest answer is that it ultimately depends on your conviction, relevant state law, and federal restrictions.
Restoring Your Rights with the Help of a New Mexico Expungement Attorney
Expungement and firearm rights are closely connected yet legally distinct, which makes the process challenging to navigate on your own. An experienced Albuquerque criminal defense or expungement attorney can assess your record, explain how state and federal laws apply, and guide you through the steps needed to regain your rights.
With offices in Albuquerque and Las Cruces, our team helps clients understand the relationship between expungement and firearm rights while providing clear strategies and trusted legal support. Contact our team today to schedule a consultation and learn how we can help.
Mark Pustay
Divorce Attorney at New Mexico Legal Group
Mark Pustay is a dedicated family law attorney with a strong litigation background and extensive experience in both mediation and trial practice. In addition to bringing loyalty, persistence, and optimism to clients facing the challenges of domestic relations litigation, he also shares his knowledge as an Adjunct Professor of Political Science at the University of New Mexico.
Education: Case Western Reserve University School of Law
Years of Experience: 19+ years of high-level divorce experience