Does Expungement Restore Gun Rights in Michigan?
In Michigan, expungement is a legal process that allows individuals to have their criminal records sealed or destroyed, effectively erasing their criminal history. However, when it comes to gun rights, the question remains: does expungement restore gun rights in Michigan?
Understanding Gun Rights in Michigan
In Michigan, the right to bear arms is protected by the state constitution and federal law. However, individuals with certain criminal convictions or mental health issues may be prohibited from possessing or purchasing firearms. The Michigan Department of State Police (MSP) maintains a database of individuals who are prohibited from possessing or purchasing firearms, known as the Michigan Instant Check System (MICS).
Expungement and Gun Rights
In Michigan, expungement does not automatically restore gun rights. Even after an expungement, individuals may still be prohibited from possessing or purchasing firearms. This is because expungement only seals or destroys criminal records, but does not erase the underlying conviction or prohibition.
Types of Convictions that Affect Gun Rights
Certain types of convictions can result in a lifetime prohibition on possessing or purchasing firearms. These include:
• Felony convictions: Felony convictions, including those for violent crimes, drug offenses, and property crimes, can result in a lifetime prohibition on possessing or purchasing firearms.
• Misdemeanor convictions: Misdemeanor convictions for certain crimes, such as domestic violence or drug offenses, can result in a 10-year prohibition on possessing or purchasing firearms.
• Mental health issues: Individuals with a history of mental health issues, including those who have been committed to a mental institution or have been found to be a danger to themselves or others, may be prohibited from possessing or purchasing firearms.
How to Restore Gun Rights in Michigan
To restore gun rights in Michigan, individuals must petition the court to have their firearms rights restored. This process typically involves:
• Filing a petition: The individual must file a petition with the court, stating their desire to have their firearms rights restored.
• Background check: The court will conduct a background check to ensure the individual is not prohibited from possessing or purchasing firearms.
• Hearing: The court will hold a hearing to determine whether the individual’s firearms rights should be restored.
• Order: If the court grants the petition, it will issue an order restoring the individual’s firearms rights.
Table: Types of Convictions and Prohibition Periods
| Conviction Type | Prohibition Period |
|---|---|
| Felony | Lifetime |
| Misdemeanor (domestic violence) | 10 years |
| Misdemeanor (drug offense) | 5 years |
| Misdemeanor (other) | 2 years |
Conclusion
In Michigan, expungement does not automatically restore gun rights. Individuals with certain criminal convictions or mental health issues may still be prohibited from possessing or purchasing firearms, even after an expungement. To restore gun rights, individuals must petition the court and undergo a background check and hearing. It is essential for individuals to understand the types of convictions that affect gun rights and the process for restoring those rights.
Additional Resources
- Michigan Department of State Police: Michigan Instant Check System (MICS)
- Michigan Compiled Laws: 28.425a. Restoration of firearms rights
- Michigan Court Rules: MCR 6.004. Restoration of firearms rights
