If you have been convicted of a felony in Michigan, you may have lost your right to possess a firearm under state and federal law. However, 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 provides that the person may not possess a firearm or ammunition.
At Michigan Defense Law, Paul J. Tafelski is an experienced Oakland County expungement attorney who helps clients with both expungement petitions and gun rights restoration. Our team can evaluate your eligibility and guide you through the process. Contact us at (248) 451-2200 to schedule a free consultation.
This guide explains how Michigan law restricts firearm and ammunition rights after a felony, how expungement affects those restrictions under MCL 750.224f, and when a separate restoration petition may still be required for a specified felony. Have questions about your eligibility or next steps? Call Michigan Defense Law at (248) 451-2200 to discuss your options and get experienced guidance tailored to your situation.
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How Does Michigan Law Restrict Firearm Rights After a Felony?
MCL 750.224f sets out gun restrictions depending on the type of felony conviction. Michigan law divides felonies into two categories for firearm purposes: “specified” felonies and non-specified felonies. The category of your conviction determines how long you must wait and whether you need a court order to regain your firearm rights.
If your conviction was for a non-specified felony, you cannot possess, purchase, use, transport, or sell any firearm or ammunition until three years after completing your sentence, paying your fines, and finishing probation or parole. After three years, your firearm rights are automatically restored under state law without a court petition.
For specified felonies, you must wait five years after completing imprisonment, paying all fines, and finishing probation or parole. Unlike non-specified felonies, restoration is not automatic: a court must restore your rights after you file a petition.
What Are “Specified Felonies” Under MCL 750.224f?
Under MCL 750.224f, a “specified felony” includes a felony in which:
- an element is the use, attempted use, or threatened use of physical force against the person or property of another, or the offense by its nature involves a substantial risk that physical force may be used;
- an element is the unlawful manufacture, possession, importation, exportation, distribution, or dispensing of a controlled substance;
- an element is the unlawful possession or distribution of a firearm;
- an element is the unlawful use of an explosive; or
- the felony is burglary of an occupied dwelling, breaking and entering an occupied dwelling, or arson.
If your conviction falls into one of these categories, you must wait five years after completing all terms of your sentence and then petition the circuit court for restoration. The court will only grant the petition if you can demonstrate that you are unlikely to endanger others.
What Is the Penalty for Possessing a Firearm While Prohibited?
Possessing a firearm in violation of MCL 750.224f is a felony punishable by up to five years in prison, a fine of up to $5,000, or both. Violating the ammunition provisions is punished the same way. For ammunition, the statute also says that any single criminal transaction constitutes one offense, regardless of the amount of ammunition involved.
| Felony Category | Waiting Period | Restoration Method | Penalty if Violated |
|---|---|---|---|
| Non-specified felony | 3 years after sentence completion | Automatic (no court order required) | Up to 5 years prison + $5,000 fine per offense |
| Specified felony | 5 years after sentence completion | Court petition required | Up to 5 years prison + $5,000 fine per offense |
Key Takeaway: Under MCL 750.224f, Michigan generally imposes a three-year restriction for non-specified felonies and a five-year restriction plus a restoration petition for specified felonies. A conviction that has been expunged or set aside may no longer trigger Michigan’s firearm restriction, unless the order specifically preserves that limitation.
What Does Expungement Actually Do to Your Record?
Expungement is the legal process by which a court sets aside eligible criminal convictions, making them inaccessible to the general public. In Michigan, the terms “expungement” and “set aside” refer to the same process under MCL 780.621. After a conviction is set aside, it is removed from public view. However, the Michigan State Police maintains a nonpublic record of the order and the underlying arrest, fingerprints, conviction, and sentence.
What Is the Clean Slate Law and Who Does It Cover?
The Clean Slate Act (PA 187-193 of 2020), which took effect in April 2021, significantly expanded expungement eligibility in Michigan. The Act made the following changes:
- Up to three felonies can now be expunged via petition (previously only one).
- An unlimited number of misdemeanors can be expunged via petition.
- Multiple felony convictions that occurred within 24 hours of each other count as one conviction for expungement purposes (the “One Bad Night” rule), except for assaultive crimes or offenses carrying more than 10 years in prison.
- Some traffic offenses, including first-offense drunk driving, are now eligible.
- Shortened waiting periods before a person becomes eligible.
- Individuals with certain marijuana-related convictions can petition for expungement for offenses that would now be legal under Michigan law.
- Automatic set-aside is now available for qualifying misdemeanors and felonies, subject to statutory waiting periods and exclusions.
The Clean Slate Act expanded who can seek expungement, but it did not change the gun rights restoration process.
Which Felonies Can Never Be Expunged in Michigan?
Not all felonies qualify for expungement, even under the expanded Clean Slate Act. The following are examples of ineligible offenses:
- Offenses punishable by life imprisonment
- Criminal sexual conduct in the first, second, or third degree
- Child abuse in the first or second degree
- Child pornography offenses
- Human trafficking
- Terrorism-related offenses
If your conviction is ineligible for expungement, the next question is whether it is a specified felony under MCL 750.224f. If it is, restoration may require a petition under MCL 28.424 after the 5-year waiting period. If it is not, Michigan law provides automatic restoration after the 3-year period in MCL 750.224f(1) and (3).
Does Automatic Expungement Apply to Your Felony?
Under Michigan’s automatic set-aside law, eligible misdemeanors, including both 92-day-or-less misdemeanors and 93-day-or-more misdemeanors, may be automatically set aside after 7 years, and eligible felonies may be automatically set aside after 10 years, subject to statutory exclusions and other eligibility requirements.
Automatic set-aside does not apply to assaultive crimes, serious misdemeanors, crimes of dishonesty, offenses punishable by 10 or more years, crimes involving a minor, vulnerable adult, injury, serious impairment, or death, human-trafficking offenses, and certain traffic offenses, including OWI and traffic offenses causing injury or death. When a conviction is set aside, Michigan law may remove the firearm restriction unless the order or other relief specifically preserves it.
Expungement Attorney in Oakland County – Michigan Defense Law
Paul J. Tafelski Esq.
Paul J. Tafelski is an expungement and gun rights restoration attorney who has practiced law in Michigan for over 20 years. He is a graduate of Michigan State University and earned his Juris Doctor from Michigan State University College of Law. He is admitted to practice in all state and federal courts in Michigan.
Paul is a member of the Michigan Bar Association, American Bar Association, Criminal Defense Lawyers of Michigan, Oakland County Bar Association, and the Advocates (Polish Bar Association). Highly experienced in helping clients clear their criminal records and regain their Second Amendment rights, he has been named one of the top criminal defense lawyers in Michigan by Super Lawyers from 2011 through 2013 and from 2017 through 2026. He was also recognized as a Leading Lawyer in 2017.
How Do You Restore Gun Rights in Michigan After a Felony?
Restoring gun rights in Michigan after a felony conviction requires a structured legal process. The following steps outline the petition process:
- Wait the required time after sentence completion. The waiting periods and restoration requirements depend on whether the conviction is classified as a specified or non-specified felony.
- File a formal petition in circuit court. Once the waiting period is over, file a petition in the circuit court of the county where you reside, such as the Oakland County Circuit Court, under MCL 28.424.
- Notify the county prosecutor. The county prosecutor has the right to review the request and object based on public safety concerns or prior criminal history.
- Prepare evidence of rehabilitation. The petition should be supported by character references, employment history, community involvement, and any other relevant information supporting the case for restoration.
- Attend a hearing. A judge reviews the petition, evaluates the submitted evidence, and hears arguments from both sides before determining whether restoration aligns with public safety and the petitioner’s rehabilitation.
Some convictions may qualify for automatic restoration without a court petition. MCL 28.424 creates a petition procedure for the persons prohibited under MCL 750.224f(2) and (4), not for automatic-restoration cases.
What Evidence Strengthens a Gun Rights Restoration Petition?
The strongest petitions typically include the following types of supporting documentation:
- Character references from employers, community leaders, or family members
- Stable employment history since the conviction
- Evidence of community involvement or volunteer work
- Completion of rehabilitation or treatment programs
- No subsequent criminal offenses or arrests
- A clean record throughout the entire waiting period
The petition must demonstrate that it is unlikely the applicant will endanger others if firearm possession rights are restored. A well-prepared petition addressing each of these factors gives the court a complete picture of the applicant’s rehabilitation.
What If Your Petition Is Denied?
If your application is rejected, you must wait a full year before reapplying. A denial does not permanently bar you from restoration, but each failed attempt means another year of waiting. Working with an experienced Oakland County firearms attorney before filing your initial petition helps ensure your application is complete and well-supported.
Key Takeaway: Gun rights restoration for specified felonies requires a court petition filed after a five-year waiting period. The petition must include strong evidence of rehabilitation, and a denial results in a one-year wait before reapplying. Having an attorney prepare the initial petition gives you the best chance of approval on the first attempt.
How Does Federal Law Affect Your Gun Rights After Expungement?
Under federal law, most felony convictions result in a lifetime prohibition on firearm possession under 18 U.S.C. § 922(g). This prohibition applies to anyone convicted of a crime punishable by more than one year of imprisonment, regardless of the actual sentence imposed.
Under 18 U.S.C. § 921(a)(20), and as reflected in 27 CFR § 478.11, an expunged or set-aside conviction generally is not treated as a conviction for federal firearms purposes unless the relief expressly retains the firearm disability or the person remains otherwise prohibited under the law of the jurisdiction of conviction.
Does a Michigan Expungement Remove You from NICS?
When a Michigan conviction is set aside, Michigan State Police maintains a nonpublic record of the order, and record corrections generally run through the reporting agency or the state identification bureau. If a background-check record still appears wrong after an expungement, the person may need to use the relevant state and FBI record-correction or expungement processes.
Does the Domestic Violence Misdemeanor Exception Apply?
Federal law separately bars many people convicted of a misdemeanor crime of domestic violence from possessing firearms under 18 U.S.C. 922(g)(9). But 27 CFR 478.11 says some expunged, set-aside, pardoned, or civil-rights-restored convictions are not treated as disqualifying convictions, subject to important conditions. The regulation also includes a special dating-relationship rule for certain single convictions after 5 years. Michigan law separately imposes an 8-year prohibition for a misdemeanor involving domestic violence under MCL 750.224f(5).
The federal exception under 27 CFR § 478.11 may apply if the conviction is fully expunged and no firearm restriction is retained. This issue depends on the specific facts of the case and requires careful legal review.
Under MCL 750.224f(5), a person convicted of a misdemeanor involving domestic violence may not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition in Michigan until eight years after all fines are paid, all terms of imprisonment are served, and all conditions of probation are successfully completed.
Key Takeaway: Federal law creates a separate layer of firearm restrictions that do not automatically align with Michigan’s expungement process. A Michigan expungement may resolve the federal disability in many cases under 27 CFR § 478.11, but domestic violence convictions carry a separate federal prohibition under the Lautenberg Amendment that requires careful legal analysis.
Why Pursue Both Expungement and Gun Rights Restoration?
Whether a person needs expungement, a firearm-restoration petition, both, or neither additional step depends on the posture of the conviction. If the conviction has been set aside, MCL 750.224f(9) may eliminate the Michigan firearm disability unless the order preserves it. If the conviction has not been set aside, non-specified felonies generally restore automatically after 3 years, while specified felonies require a petition under MCL 28.424.
| Question | Answer |
|---|---|
| Does expungement restore gun rights in Michigan? | Potentially, yes, under Michigan law. If the conviction has been expunged or set aside, MCL 750.224f(9) says the state prohibition does not apply unless the order expressly preserves it. |
| Waiting period for non-specified felonies | 3 years after sentence completion (automatic) |
| Waiting period for specified felonies | 5 years + court petition required |
| Can expungement and gun rights be filed together? | No. They involve different legal procedures, eligibility rules, and outcomes. |
| Does Clean Slate cover gun rights? | No, Clean Slate expands expungement eligibility only. |
| Does federal law recognize Michigan expungement? | Generally, yes, if no explicit firearm restriction is retained. |
| Felonies permanently ineligible for expungement | CSC (1st-3rd degree), child abuse, child pornography, others. |
Key Takeaway: Whether you need expungement, a gun-rights restoration petition, both, or neither depends on the conviction and its current status.
Consult a Michigan Expungement Attorney Today
If you have a felony conviction and want to restore your firearm rights, understanding the distinction between expungement and gun rights restoration is the first step. Both processes have specific eligibility requirements and timelines, and mistakes in either filing can result in delays or denials.
Paul J. Tafelski has over 20 years of experience defending clients in Oakland County and throughout Michigan. Our team at Michigan Defense Law handles both felony expungement petitions and gun rights restoration cases, giving clients a coordinated approach to clearing their records and restoring their rights.
Call Michigan Defense Law at (248) 451-2200 or visit our office at 2525 S Telegraph Rd, Suite 100, Bloomfield Hills, MI 48302. We serve clients throughout Oakland County and across Michigan.
Frequently Asked Questions for an Oakland County Gun Crime Defense Lawyer
How long do I have to wait to get my gun rights back after a felony in Michigan?
The restoration process depends on whether the conviction is classified as a specified or non-specified felony, which determines both the waiting period and whether a court petition is required. For specified felonies involving violence, controlled substances, firearms, explosives, or arson, you must wait five years and then petition the circuit court under MCL 28.424.
Can I own a gun in Michigan if my felony was expunged?
Yes, in many cases. An expunged conviction may no longer trigger Michigan’s firearm restriction, depending on whether the order keeps that limitation in place. For convictions that have not been set aside, non-specified felonies generally restore automatically after 3 years, while specified felonies require a 5-year waiting period and a petition under MCL 28.424. Federal law still requires separate analysis.
What is the difference between expungement and gun rights restoration in Michigan?
Expungement removes a conviction from your public record under MCL 780.621. Gun rights restoration lifts the legal prohibition on possessing firearms under MCL 750.224f and MCL 28.424. They involve different statutes, different courts, and different eligibility requirements.
Do I qualify for automatic expungement under Michigan’s Clean Slate Law?
Automatic set-aside can apply to eligible 92-day misdemeanors after 7 years, eligible 93-day-or-more misdemeanors after 7 years, and eligible felonies after 10 years from the later of sentencing or completion of imprisonment. It is subject to multiple exclusions, and the ‘no new convictions’ condition applies to the categories identified in MCL 780.621g(2) and (4).
Will a Michigan expungement clear my federal firearms disability?
Potentially. Federal law may still impose restrictions depending on the specific circumstances of the conviction and the terms of the expungement. Domestic violence and other fact-specific issues can change the analysis, so this requires individualized review.
What felonies make me permanently ineligible for expungement in Michigan?
Felonies punishable by life imprisonment and certain other offenses listed in MCL 780.621c are not eligible to be set aside. Whether firearm rights later require a petition under MCL 28.424 depends on whether the conviction is a specified felony under MCL 750.224f; non-specified felonies generally restore automatically after 3 years, while specified felonies require a 5-year waiting period and a petition.
Can a domestic violence conviction affect my gun rights even after expungement?
Yes. Domestic violence convictions can still affect firearm rights even after expungement, under both federal and Michigan law. But the federal analysis is not always permanent in every scenario: expungement, set-aside, pardon, restoration of rights, and the newer dating-relationship provisions can change the result.
