Expungements/Gun Rights
EXPUNGEMENTS/GUN RIGHTS
EXPUNGEMENTS
Michigan Expungement Laws have changed since April 2021 and will continue to change. The Michigan Clean Slate program offers an avenue to expunge misdemeanor and/or felony convictions from a criminal record. The Clean Slate programs also automatically eliminates some convictions. While expunging your record may seem like an easy challenge. There are many laws, interpretations of law and specific criteria that will need to be met before criminal charges can or will be expunged from your record. Not all charge can be expunged, and it may be helpful to seek the advice of an attorney to determine if you can expunge one, some or all of your convictions and start off with a clean record. It is like getting a second chance at life.
Expunging your criminal record may also allow you to restore your gun rights under Michigan Law and Federal Law. At this time, restoring your Gun Rights in Michigan does not guarantee your rights are restored as far as the Federal Laws are concerned.
GUN RIGHTS
Criminal expungement under the Clean Slate laws in Michigan will not be enough for the FBI to allow the purchase of firearms under federal laws. Filing for restoration of gun rights under state law, MCL 28.424 and filing for expungement of a criminal conviction under MCL 780.621 is the best way to secure full restoration of firearm rights under federal law.
Michigan Gun Rights
Currently, Michigan law is not favorable for restoring federal gun rights. The case precedent doesn’t directly support the idea that a gun restoration under MCL 28.424 would restore all “civil rights” as required by federal law. This is why “automatic” restoration of gun rights does not restore gun rights under the federal law. As a result, the best practice for restoring federal gun rights is a criminal record expungement
Federal Gun Rights
Federal gun laws are not as forgiving as Michigan. Any conviction that is capable of incarceration for over a year is considered a felony under federal law. 18 U.S. Code § 922(g)(1) Most gun dealers are FFL dealers, tied to the federal government. When a person attempts to make a gun purchase, the ATF form 4473 must be completed for a firearm transaction. The dealer will check the National Instant Criminal Background Check System, (NCIS), and the felony will show on the applicant’s NCIS record. The transaction will be denied.
Due to the changes in federal administration, it is also recommended that you simultaneously restore firearm rights under Michigan law and MCL MCL 28.424. Criminal expungement of a specified felony is not enough for the FBI. In 2021, Michigan residents should obtain both an expungement of the specified felony and restoration of state level gun rights. This strategy will put a person in the best position to secure a restoration through a Voluntary Appeal File (VAF) via the FBI.
If you have questions, need help setting aside your convictions, restoring your gun rights or
know someone who does, please feel free to contact our office for a free consultation and restoring your freedom.