OAKLAND COUNTY, MI - Individuals with felony convictions in Michigan often face long-term restrictions on possessing firearms under both state and federal law. Oakland County criminal defense attorney Paul J. Tafelski of Michigan Defense Law (https://www.michigandefenselaw.com/blog/does-expungement-restore-gun-rights-in-michigan/) explains how Michigan's expungement statutes interact with firearm restrictions and when a separate restoration petition may still be required.

According to Oakland County criminal defense attorney Paul J. Tafelski, Michigan law under MCL 750.224f divides felonies into two categories for firearm purposes: "specified" felonies and non-specified felonies. The category of the conviction determines both the waiting period and whether a court order is required to regain firearm rights. "The category of the underlying offense is the starting point for any analysis of how an individual can lawfully possess a firearm again after a conviction," Tafelski explains.

Oakland County criminal defense attorney Paul J. Tafelski notes that for a non-specified felony, Michigan imposes a three-year restriction following completion of the sentence, fines, and probation or parole, after which firearm rights are automatically restored under state law. For a specified felony, the waiting period is five years, and restoration requires a petition filed in circuit court. Specified felonies include those involving the use or threatened use of physical force, the unlawful manufacture or distribution of controlled substances, the unlawful possession or distribution of a firearm, the unlawful use of explosives, and burglary or arson of an occupied dwelling.

Attorney Tafelski points out that under MCL 750.224f(9), Michigan's felon-in-possession statute does not apply to a conviction that has been expunged or set aside, unless the expungement order expressly preserves the firearm restriction. The 2020 Clean Slate Act expanded expungement eligibility to allow up to three felonies and an unlimited number of misdemeanors to be set aside by petition, and it created automatic set-aside procedures for qualifying offenses after specified waiting periods.

The firm emphasizes that automatic set-aside is subject to multiple statutory exclusions, including assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by ten or more years, and crimes involving a minor or vulnerable adult. Certain offenses, such as those punishable by life imprisonment, child abuse in the first or second degree, and other categories specified by statute, are never eligible for expungement.

Tafelski also addresses the federal layer of firearm restrictions. Under 18 U.S.C. Section 922(g), most felony convictions trigger a lifetime prohibition on firearm possession at the federal level. However, 18 U.S.C. Section 921(a)(20) and 27 CFR Section 478.11 generally provide that an expunged or set-aside conviction is not treated as a conviction for federal firearms purposes, unless the relief expressly preserves the firearm disability or the person remains otherwise prohibited under state law. "The federal analysis is fact-specific, and a domestic violence misdemeanor adds another layer that requires careful review," Tafelski advises.

Michigan Defense Law explains that even where a conviction is not eligible for expungement, the path forward depends on whether the offense is a specified felony. If it is not, automatic restoration applies after the three-year period. If it is, a petition under MCL 28.424 is required after five years, and the court will only grant the petition upon a showing that the petitioner is unlikely to endanger others. Strong petitions typically include character references, stable employment history, completion of rehabilitation programs, and a clean record throughout the waiting period.

For individuals seeking to clear their records and restore firearm rights, understanding which combination of expungement and petition applies to their case is essential. The firm handles both expungement petitions and restoration cases for clients across Oakland County and throughout Michigan, providing a coordinated approach to record clearance and rights restoration.

About Michigan Defense Law:

Michigan Defense Law is an Oakland County-based criminal defense firm focused on expungement, firearm rights restoration, and felony defense. Led by attorney Paul J. Tafelski, who has practiced law in Michigan for over 20 years and has been named to Super Lawyers from 2011-2013 and 2017-2026, the firm represents clients throughout Oakland County and across Michigan. For consultations, call (248) 451-2200.

Email: paul@michigandefenselaw.com

Media Contact

Name
Paul J. Tafelski, Michigan Defense Law
Contact name
Paul J. Tafelski
Contact phone
(248) 451-2200
Contact address
2525 S Telegraph Rd suite 100
City
Bloomfield Hills
State
Michigan
Zip
48302
Country
United States
Url
https://www.michigandefenselaw.com/