Why a Possession With Intent to Distribute conviction matters
The amount and type of controlled substance, whether a firearm was involved, leadership findings, and whether death or serious bodily injury resulted can all affect the seriousness of the case. The exact judgment and offense conduct should be reviewed.
How DOJ’s current restoration rule may treat the offense
Possession with intent to distribute generally fits DOJ’s 10-year presumptive-disqualification category for drug trafficking or distribution.
A person should not assume that being labeled a “nonviolent drug offender” moves the case into the ordinary five-year category. DOJ specifically identifies trafficking and distribution conduct in the 10-year presumptive group.
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 possession with intent to distribute 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
An applicant can seek federal restoration after a possession-with-intent conviction, but the current DOJ framework generally creates a 10-year presumption against relief for drug-distribution conduct absent extraordinary circumstances.
Possession with intent to distribute generally fits DOJ’s 10-year presumptive-disqualification category for drug trafficking or distribution. 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.