Why a Aggravated Identity Theft conviction matters
Aggravated identity theft is usually not a stand-alone case. It is tied to another qualifying predicate offense such as wire fraud, bank fraud, or health care fraud. The restoration review should therefore analyze both the § 1028A count and the predicate conviction.
How DOJ’s current restoration rule may treat the offense
A nonviolent § 1028A case may fall under the general other-felony framework, but companion counts and underlying conduct can materially change the applicable presumption.
Because § 1028A often adds a consecutive sentence, the final completion date may be later than a person assumes when looking only at the primary fraud count. Use the full judgment and supervision record.
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 aggravated identity theft 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. A § 1028A conviction does not automatically appear in DOJ’s permanent violent-offense list, but the underlying felony, full sentence, and related counts must be reviewed together.
A nonviolent § 1028A case may fall under the general other-felony framework, but companion counts and underlying conduct can materially change the applicable presumption. 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.