Oakland County expungement attorney Paul J. Tafelski (https://www.michigandefenselaw.com/blog/does-expungement-restore-gun-rights-in-michigan/) recently addressed a crucial topic for individuals with past felony convictions: whether expungement can restore gun rights in Michigan. In his article titled “Does Expungement Restore Gun Rights in Michigan?”, Tafelski examines the legal framework that governs firearm ownership for individuals with criminal records, particularly those residing in Oakland County.
According to Oakland County expungement attorney Paul J. Tafelski, individuals convicted of a felony lose the right to possess a firearm under both Michigan and federal law. State law, under MCL 750.224f, imposes restrictions based on the type of felony and mandates a waiting period before firearm rights can be restored. For those with felony convictions involving violence, controlled substances, or firearms, a five-year period must pass after completing imprisonment, parole, probation, and payment of all fines. Only then can a petition for the restoration of rights be submitted. This legal complexity makes it vital for anyone seeking firearm rights to understand what expungement does and does not do.
The Oakland County expungement attorney clarifies that expungement alone does not automatically restore the right to possess a firearm. “Expungement in Michigan does not automatically restore gun rights,” Tafelski explains. “Gun rights are governed by federal and state law, and Michigan law requires individuals with felony convictions to apply separately for firearm rights restoration through the concealed pistol license process after a specified waiting period”. This distinction between expungement and gun rights restoration is key to avoiding future legal problems for those looking to regain full civil rights.
Paul J. Tafelski outlines that federal law adds another layer of regulation. Even if a Michigan court expunges a conviction, federal law may still prohibit firearm possession under 18 U.S.C. § 922(g), unless the expungement explicitly removes that restriction. However, according to 27 CFR § 478.11, a conviction that has been expunged, set aside, or pardoned generally does not count as a conviction under federal law, unless a firearm ban is specifically retained in the order. Understanding these legal layers is vital for individuals who want to ensure they are fully compliant at both the state and federal levels.
Michigan Defense Law, the firm where Paul J. Tafelski practices, offers guidance for those navigating this process. The process of regaining firearm rights involves waiting for the legally mandated period, preparing a formal petition, notifying the prosecutor, and presenting evidence of rehabilitation in court. A judge will then decide if restoring gun rights aligns with public safety. This decision is discretionary, and if denied, the applicant must wait a full year before reapplying.
Another key element discussed by Paul J. Tafelski is the Clean Slate Act, which expanded eligibility for expungement in Michigan. This law introduced automatic expungement for certain offenses, reduced waiting periods, and added some traffic offenses to the eligibility list. It also grouped multiple offenses occurring within 24 hours into a single conviction for expungement purposes, under specific conditions. These reforms have allowed more individuals to pursue record clearing, which can be a prerequisite for pursuing firearm rights restoration.
The petition process for restoring gun rights is different from expungement and must be handled separately. This means individuals cannot file for both at the same time, even if they are eligible for both. Expungement removes a criminal conviction from public records, while gun rights restoration focuses solely on regaining the ability to legally possess firearms. Each legal path has its own filing procedures, court requirements, and eligibility conditions under Michigan law.
Paul J. Tafelski recommends that individuals consider obtaining a court order confirming their firearm rights restoration, even if rights are automatically reinstated under Michigan law. This precaution helps avoid future confusion and legal issues, particularly with law enforcement. For those whose felony falls into the “specified” category, which includes violent offenses and certain drug or firearm crimes, a court order is not optional but required.
Failing to adhere to the legal requirements can result in significant penalties. Violating firearm restrictions in Michigan is a felony offense, carrying a maximum sentence of five years in prison and a $5,000 fine per violation. Repeated violations can lead to multiple charges and cumulative penalties. This highlights the importance of legal clarity when attempting to possess or use a firearm after a felony conviction.
Paul J. Tafelski of Michigan Defense Law brings attention to the often misunderstood connection between expungement and gun rights. His article sheds light on the realities facing those with past convictions and emphasizes the importance of legal compliance and clear documentation. Individuals seeking to restore their rights should consider petitioning the court and consulting with a qualified legal professional to ensure all necessary steps are taken.
Restoring firearm rights in Michigan involves more than clearing a criminal record. It requires patience, preparation, and a firm understanding of the law. Following the proper procedures can help individuals regain their rights while avoiding further legal complications.
About Michigan Defense Law:
Michigan Defense Law represents individuals facing criminal charges and those seeking to restore civil rights after convictions. Led by attorney Paul J. Tafelski, the firm is committed to providing legal support in areas including expungement and firearm rights restoration across Oakland County and beyond.
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Media ContactCompany Name: Michigan Defense LawContact Person: Paul J. TafelskiEmail: Send EmailPhone: (248) 451-2200Address:2525 S Telegraph Rd suite 100 City: Bloomfield HillsState: Michigan 48302Country: United StatesWebsite: https://www.michigandefenselaw.com/
