Restoring Your Right to Own a Firearm After a Utah Conviction
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's firearm restrictions for people with criminal histories are in Utah Code Title 76, Chapter 11, Part 3 (formerly Section 76-10-503, now divided into §§ 76-11-302 through -304). Under § 76-11-304(1), a person convicted of a felony (or adjudicated for an offense that would be a felony if committed by an adult) is not a "category I" or "category II" restricted person if the felony or adjudication has been expunged, set aside, reduced to a misdemeanor by court order, or pardoned, or if the person's civil rights that were limited by the conviction have been restored. The exception does not apply if the pardon, reduction, expungement, setting aside or restoration expressly provides that the person may not ship, transport, possess or receive firearms. In practice, a successful Utah expungement generally removes the Utah restriction tied to that conviction unless the order says otherwise, and federal law has its own rules, so check with an attorney.
Who this guide is for
Anyone in Utah with a felony (or certain domestic-violence misdemeanor) conviction who wants to understand whether, and how, they can regain the right to legally own a firearm. This is general information, not legal advice. Federal law (such as 18 U.S.C. § 922(g)) separately restricts firearm possession by some people, and Utah's expungement doesn't automatically resolve every federal restriction.
Who is a "restricted person" in Utah?
Utah divides restricted persons into two categories with different penalties (§§ 76-11-302 to -306).
Category I (§ 76-11-302) includes someone who:
- has been convicted of a violent felony;
- is on probation or parole for a felony, or on parole from secure care;
- for 10 years after being adjudicated for an offense that would be a violent felony if committed by an adult;
- is an alien illegally or unlawfully in the United States (including some who are waiting on an asylum or temporary protected status application); or
- is on probation for a conviction of possessing a Schedule I or II controlled substance, a controlled substance analog, or a listed substance.
Category II (§ 76-11-303) includes someone who, among other things:
- has a felony domestic violence conviction or multiple unrelated felonies;
- has a non-violent felony conviction and, within seven years after completing the sentence, is convicted of or charged with another felony or class A misdemeanor, or is within seven years after completing the sentence for the felony;
- is an unlawful user of a controlled substance;
- is subject to certain protective orders (after a hearing, with specified findings);
- has been convicted of misdemeanor assault or aggravated assault against a spouse, parent, guardian, co-parent, cohabitant, or a current or recent dating partner;
- is adjudicated mentally defective or committed, found not guilty by reason of insanity or incompetent to stand trial for a felony, or dishonorably discharged.
Read the statute for the full lists; this guide summarizes.
How expungement and other relief fit in (§ 76-11-304)
A felony conviction no longer makes you a restricted person if it has, under the law of the place where it happened, been:
- expunged;
- set aside;
- reduced to a misdemeanor by court order;
- pardoned; or
- you have had the civil rights limited by the conviction restored.
The same is true for qualifying domestic-violence misdemeanor assaults that have been expunged, set aside, reduced to an infraction, pardoned, or whose rights were restored. And a person who was convicted of misdemeanor assault against a dating partner is not a category II restricted person if five years have passed since the later of the conviction, release or end of probation, they have only one such conviction, and they are not otherwise restricted (§ 76-11-304(2)).
An important limit: the order itself can say otherwise
If the pardon, reduction, expungement, setting aside or restoration of rights expressly provides that you may not ship, transport, possess or receive firearms, you remain a restricted person in the matching category (§ 76-11-304(1)(c)). Read your own order.
The timeline: it's not instant
After a court signs an expungement order, background-check systems may lag until the Bureau of Criminal Identification (BCI) has processed the record, commonly several weeks. Keep a certified copy of your order and the BCI certificate.
Burden of proof in a criminal case
If you're charged as a restricted person and claim an exception, you have the burden to provide evidence that the exception applies, and then the state must prove beyond a reasonable doubt that it does not (§ 76-11-304(3)).
What this doesn't cover
Some Utah convictions are ineligible for expungement, such as certain violent felonies, as covered in Utah Expungement Eligibility. In that case, a pardon may be the realistic option; see Utah Pardons vs. Expungement. For the process, see How to Expunge a Criminal Record in Utah.
Frequently asked questions
Do I need a separate petition to restore firearm rights?
Under the Utah statute, an expunged, set-aside, reduced or pardoned felony generally means you're not a restricted person for that conviction, unless the order expressly says otherwise. Other categories (such as a protective order or drug use) may still apply.
Does this resolve federal firearm restrictions?
Not automatically. Federal law has its own framework, and Utah relief may not resolve every federal restriction. Talk to a lawyer before buying or possessing a firearm if you have a record.
What if I'm on probation?
Being on probation or parole for a felony makes you a category I restricted person while it lasts.
What if my record still shows the conviction on a background check?
That can happen before BCI finishes processing; follow up directly with BCI if it persists.