Does Expungement Restore Gun Rights in Michigan?
When looking into expungement legal services, you may be concerned if you can ever get your gun rights back. In Michigan, there are many avid hunters who want to enjoy the outdoors and want to experience hunting once again. While this isn’t the only reason for wanting your gun rights back, it is a very valid one that the courts would consider.
If you find yourself facing the aftermath of a felony conviction in Grand Rapids, the impact on your right to possess a firearm at both state and federal levels can be severe. Governed by the Michigan Penal Code Act 328, Section 750.224f, this legislation prohibits individuals from engaging in various firearm-related activities until specific conditions are met. The restrictions encompass possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm within the state of Michigan.
Securing the services of a skilled expungement attorney becomes imperative to navigate these legal complexities, safeguarding your rights. John Engman & Associates, P.C., a distinguished Michigan expungement attorney, stands ready to assist those in need. Our adept legal team can not only aid in restoring your right to gun ownership but also build a robust legal argument for your expungement case. To embark on this transformative journey, contact John Engman & Associates, P.C. today at 616-454-5222 to schedule a free consultation.
Benefits of an Expungement Pertaining to Gun Ownership
Obtaining an expungement comes with a myriad of benefits, and one significant advantage is the potential restoration of your gun rights. In the aftermath of a felony conviction, the loss of the right to possess firearms can be a considerable setback. However, through the expungement process, individuals may see the removal of legal barriers that previously restricted their ability to own guns.
This restoration not only enhances personal freedoms but also opens doors to various opportunities, including potential employment options and the ability to participate in activities that require firearm ownership. It’s a transformative step toward regaining control over one’s life and, in some cases, reinstating fundamental rights that were temporarily forfeited. Seeking guidance from an experienced Grand Rapids expungement attorney, such as John Engman & Associates, P.C., can be instrumental in navigating the legal intricacies and pursuing the reinstatement of both personal and constitutional rights.
Understanding Michigan’s Firearm Restrictions After a Felony
Michigan law, specifically Penal Code MCL 750.224f, delineates firearm restrictions based on the nature of the felony conviction. If the felony involved breaking and entering an occupied dwelling, burglary, arson, explosives, illegal firearm possession and distribution, controlled substances, physical force, purchase, use, transport, or selling firearms or ammunition until five years after completing imprisonment, fines, probation or parole, and rights restoration by the court.
For felonies not falling into the mentioned categories or other crimes punishable by four or more years in prison, firearm restrictions remain in effect until three years after serving terms, clearing fines, and fulfilling probation or parole requirements. While it’s possible to regain state gun rights with a Grand Rapids gun rights lawyer, federal restrictions could mean that you’ll forever not have your rights unless expungement is pursued.
Can a Felon Own a Gun in Michigan?
Michigan law strictly prohibits individuals with felony convictions (or those convicted of a crime punishable by four or more years in prison) from possessing, using, transporting, selling, or buying firearms or ammunition until three years have elapsed, subject to fulfilling specific criteria. These include clearing criminal fines, completing a prison sentence, and meeting probation or parole obligations. Failure to comply results in felony charges, carrying potential sentences of five years imprisonment and fines up to $5,000 for each violation.
To restore firearm ownership rights post a felony conviction, applicants must submit an application to a Michigan superior court. The judge evaluates the request, considering factors such as a minimum of five years since sentence completion, no endangerment potential, and a correctly filled-out application. In case of rejection, a one-year waiting period precedes reapplication, emphasizing the importance of seeking guidance from a Michigan firearms lawyer and not attempting to go on your own.
The laws in Michigan have changed in recent years, making it much easier for those with older convictions to seek expungement. This is one of the ways that many people are gaining their gun rights back after a conviction. However, there are restrictions, as we have discussed earlier.
How Can You Get Your Record Expunged?
Expungement, or setting aside a non-violent criminal record, is a viable option for individuals meeting specific criteria for misdemeanors and felonies in Michigan. The recent Clean Slate Act has further expanded expungement rights, incorporating eligibility criteria revisions, future automatic expungement processes, additional traffic offenses, revised waiting periods, and grouping offenses occurring within 24 hours. This is good news for so many who are seeking to gain their life back and start with a clean slate.
If your record is expunged, your right to bear arms can be restored. To explore this avenue and reap the benefits of record expungement, John Engman & Associates, P.C. offers skilled and personalized assistance. Contact us today for a free consultation, and let us guide you toward reclaiming your rights and charting a course to a brighter future. Call us at 616-454-5222 to discuss your options.