Can federal explosives disabilities resulting from a conviction of a crime punishable by imprisonment for a term exceeding one year be removed if the conviction is expunged or set aside or the convicted person has received a pardon for the offense or has had his or her civil rights restored?

A person convicted of, or under indictment for, a "crime punishable by imprisonment for a term exceeding one year" may not lawfully receive or possess explosive materials or be issued a federal explosives license or permit.

The term "crime punishable by imprisonment for a term exceeding one year" does not include offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or any state offense (other than one involving a firearm or explosive) classified as a misdemeanor and punishable by imprisonment for 2 years or less.

There are only 3 means by which federal explosives disabilities resulting from a conviction of, or indictment for, a "crime punishable by imprisonment for a term exceeding one year" can be removed:

1. A decision of a court invalidating a conviction on the basis that the conviction was unconstitutional;
2. In the case of a federal conviction, a presidential pardon; and
3. The granting of relief from federal explosives disabilities by ATF pursuant to the filing of a relief application with the Director. For more information, visit our webpage Apply for Relief of Explosives Disability.

[18 U.S.C. 841(l), 842(d),(i), 845(b); 27 CFR 555.11: definition of "crime punishable by imprisonment for a term exceeding one year", 555.26(c), 555.142]