Why a Illegal Reentry After Removal conviction matters
Section 1326 prohibits certain previously removed or deported noncitizens from reentering, attempting to reenter, or being found in the United States without authorization. Penalties increase with specified prior histories.
How DOJ’s current restoration rule may treat the offense
The reentry felony may fit the general felony framework in some cases, but any current § 922(g)(5) immigration-status prohibition must be resolved independently.
Federal firearm law separately restricts firearm possession for certain immigration statuses. That means the conviction and the applicant’s present status can create two distinct legal barriers.
What records should be reviewed?
For a felony-based firearm disability, DOJ currently directs applicants to gather the charging document, judgment of conviction, and official proof of the date the final sentence requirement was completed. Depending on the case, the plea agreement, factual basis, presentence report, prior restoration applications, and state criminal-history records may also be required. See the complete Federal Restoration Required Documents Checklist →
State law can still change the answer
If the illegal reentry after removal conviction was entered in state court, a pardon, set-aside, expungement, restoration of civil rights, or firearm-specific order may affect whether the conviction continues to count for federal firearm purposes. The legal effect of the actual order matters. Use the Gun Rights by State guides to identify the separate state layer.
What should you do next?
Start with the Eligibility Review if you are not sure which restoration path fits. If a federal § 925(c) application appears relevant, use the shorter federal restoration services. You can also read the September 2026 DOJ update and the main gun-rights restoration FAQ.
Frequently asked questions
Potentially as to the conviction, but restoring rights after an illegal-reentry conviction does not automatically resolve a separate firearm prohibition based on current immigration status. Both issues must be analyzed.
The reentry felony may fit the general felony framework in some cases, but any current § 922(g)(5) immigration-status prohibition must be resolved independently. The exact judgment and underlying conduct should be reviewed before relying on a general category.
Start with the charging document, judgment, plea or trial disposition, sentencing records, official proof of when the final sentence requirement was completed, and copies of any prior pardon or rights-restoration order. DOJ also currently requires state criminal-history records covering the applicable period.
Not necessarily. Probation, parole, supervised release, community service, restitution, fines, or other criminal sentence requirements can affect the final sentence-completion date.
Sometimes, particularly for state convictions, but federal law looks at the legal effect of the relief. A pardon, expungement, set-aside, or restoration of civil rights should be reviewed under 18 U.S.C. § 921(a)(20) and current state law.
No. Filing an eligibility review, a FelonJustice intake, or an official DOJ application does not suspend a firearm prohibition. Relief must actually be effective under every applicable federal, state, and tribal rule.