Oakland County expungement attorney Paul J. Tafelski (https://www.michigandefenselaw.com/blog/does-expungement-restore-gun-rights-in-michigan/) of Michigan Defense Law provides insight into how expungement can play a critical role in restoring gun rights for eligible individuals. For those with a felony conviction in Michigan, the loss of firearm rights can have a lasting impact. Under Michigan Penal Code Act 328, Section 750.224f, felons are prohibited from possessing, using, or purchasing firearms unless specific legal conditions are met.
Having a felony conviction means losing the right to possess a firearm at both the state and federal levels. The law restricts gun ownership for individuals convicted of violent crimes, firearm-related offenses, drug-related felonies, and other serious charges. However, according to Oakland County expungement attorney Paul J. Tafelski, an individual who meets the requirements and successfully expunges their record may have their firearm rights restored.
“The process of expungement provides individuals with a fresh start by sealing their criminal records from public view,” said the Oakland County expungement attorney. “In many cases, expungement can restore firearm rights, but individuals must follow the necessary legal procedures to maintain compliance with both state and federal laws.”
Felony convictions in Michigan fall into two categories when it comes to firearm restrictions. Those convicted of serious felonies, such as crimes involving violence, controlled substances, or firearm offenses, must wait at least five years after completing their sentence before they can petition for the restoration of their rights. Other felony convictions require a three-year waiting period. Oakland County expungement attorney Paul J. Tafelski emphasizes that failure to comply with firearm restrictions can result in severe consequences, including additional felony charges, significant fines, and potential imprisonment.
While expungement can lead to the restoration of firearm rights under Michigan law, federal regulations add another layer of complexity. Even after expungement, individuals may still face federal firearm restrictions. “This is why it is crucial for individuals seeking expungement to understand both state and federal laws regarding gun rights,” Tafelski explained. “Working with a knowledgeable attorney helps ensure that all legal aspects are carefully considered before proceeding.”
To restore firearm rights in Michigan, individuals must follow a structured legal process. First, they must complete their sentence, including any prison time, parole, probation, and fines. After meeting the mandatory waiting period, they can file a petition with the circuit court in their county. Prosecutors may review and object to the petition based on public safety concerns or criminal history.
A judge will evaluate the petition and consider factors such as the petitioner’s rehabilitation, employment history, and community involvement. If the judge denies the petition, the individual must wait another year before reapplying. Paul J. Tafelski stresses the importance of submitting a well-prepared petition backed by strong evidence to improve the chances of a successful outcome.
The Clean Slate Act in Michigan has also expanded opportunities for expungement, making it possible for more individuals with non-violent convictions to clear their records. The law includes provisions for automatic expungement of certain offenses, revised waiting periods, and expanded eligibility criteria. According to Tafelski, this legislative change allows many individuals to move forward with their lives without the burden of a past conviction holding them back.
For those seeking to restore their firearm rights, expungement is a critical first step. However, the legal process requires careful navigation, and mistakes can lead to delays or denials. “If you are considering expungement to restore your gun rights, it is important to seek legal guidance from an attorney who understands the complex aspects of Michigan’s expungement and firearm laws,” said Tafelski.
Individuals in Oakland County who want to explore their options for expungement and firearm rights restoration can benefit from consulting an attorney. Paul J. Tafelski and the team at Michigan Defense Law assist clients with expungement cases, helping ensure that all legal steps are followed correctly. Working with an experienced attorney can enable individuals to maximize their chances of successfully regaining their rights and moving forward with confidence.
About Michigan Defense Law:
Michigan Defense Law, led by attorney Paul J. Tafelski, provides legal representation for individuals facing criminal charges and seeking expungement in Oakland County. With a deep understanding of Michigan’s expungement laws, the firm helps clients manage the legal process to clear their records and restore their rights.
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Website: https://www.michigandefenselaw.com/
