In Michigan, an expungement (also called a “set aside”) generally restores your civil rights, but firearm rights are treated differently — especially when the conviction involved a felony or a weapon.
Since your expunged conviction was for assault with a deadly weapon, the restoration of your gun rights depends on two main factors:
1. State Law (Michigan)
Under MCL 750.224f, if a person was convicted of a felony involving a firearm or the use of force, they are prohibited from possessing or owning a firearm for five years after completing all terms of the sentence — and only after having their rights restored.
However, even if the conviction is later expunged, Michigan courts have ruled that firearm rights are not automatically restored unless a petition for restoration is filed and granted by the circuit court under MCL 28.424.
So even if your criminal record is clean for most purposes, firearm rights restoration requires a separate court process.
2. Federal Law (18 U.S.C. § 922(g))
Federal law prohibits firearm possession by anyone convicted of a felony unless:
- The conviction has been expunged, and
- The person is not otherwise prohibited by state law.
This means you must first be eligible under Michigan law before federal restrictions are lifted.
Summary
Your expungement does not automatically restore your gun rights in Michigan.
You must file a petition in circuit court under MCL 28.424 to have your firearm rights restored.
Once Michigan restores those rights, your federal restrictions may also be lifted.
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Are my gun ownership rights restored after an expungement in Michigan?
I understand your concern. Have you already gone through the process of expungement in Michigan?
Yes.
Were the charges related to your gun ownership rights or firearms in any way?
Well, what I was charged with was assault with a deadly weapon, even though the original charges were not related to any weapon.
Is there anything else the criminal lawyer should know before I connect you? Rest assured they’ll be able to help with your gun ownership rights.
No.
Hello. My name is Richard, and I have been a licensed attorney for over 25 years. I hope to be of assistance.
What was the charge that was expunged?
Assault with a deadly weapon.
In Michigan, an expungement (also called a “set aside”) generally restores your civil rights, but firearm rights are treated differently — especially when the conviction involved a felony or a weapon.
Since your expunged conviction was for assault with a deadly weapon, the restoration of your gun rights depends on two main factors:
1. State Law (Michigan)
Under MCL 750.224f, if a person was convicted of a felony involving a firearm or the use of force, they are prohibited from possessing or owning a firearm for five years after completing all terms of the sentence — and only after having their rights restored.
However, even if the conviction is later expunged, Michigan courts have ruled that firearm rights are not automatically restored unless a petition for restoration is filed and granted by the circuit court under MCL 28.424.
So even if your criminal record is clean for most purposes, firearm rights restoration requires a separate court process.
2. Federal Law (18 U.S.C. § 922(g))
Federal law prohibits firearm possession by anyone convicted of a felony unless:
- The conviction has been expunged, and
- The person is not otherwise prohibited by state law.
This means you must first be eligible under Michigan law before federal restrictions are lifted.
Summary
Your expungement does not automatically restore your gun rights in Michigan.
You must file a petition in circuit court under MCL 28.424 to have your firearm rights restored.
Once Michigan restores those rights, your federal restrictions may also be lifted.
