Oakland County expungement attorney Paul J. Tafelski (https://www.michigandefenselaw.com/blog/does-expungement-restore-gun-rights-in-michigan/) of Michigan Defense Law has recently published an insightful article addressing a common concern among individuals with felony convictions: “Does Expungement Restore Gun Rights in Michigan?” The article delves into the complexities of the Michigan Penal Code and federal regulations regarding the restoration of firearm ownership rights post-expungement.
The loss of the right to possess a firearm is one severe consequence of felony convictions in Oakland County. According to the Oakland County expungement attorney, under Michigan law, individuals convicted of certain felonies are prohibited from engaging in any activities involving firearms until they have met specific post-sentence conditions. The restrictions are clear-cut and are outlined within Michigan Penal Code Act 328, Section 750.224f.
The Oakland County expungement attorney emphasizes the importance of legal representation in these cases, noting, “Restoring one’s right to gun ownership can be a complex process that requires a solid legal strategy.” His experience in expungement may prove invaluable to individuals seeking to navigate the intricate process of having their rights reinstated.
The article details how Michigan law distinguishes between felonies to determine the period during which individuals are prohibited from firearm possession in Oakland County. Those convicted of felonies involving violence, controlled substances, illegal firearm activities, explosives, arson, or breaking and entering must wait five years after completing all aspects of their sentence before their rights can be restored. For other felonies, a three-year wait is required.
Tafelski points out, “While it’s possible to regain one’s gun rights with the assistance of a knowledgeable attorney, federal law provides an additional hurdle, as it generally prohibits firearm possession by felons indefinitely.” The article goes on to explain that expungement can be a game-changer, potentially restoring rights at both state and federal levels, unless explicitly forbidden.
The risks of non-compliance with firearm restrictions are serious. Paul J. Tafelski outlines the severe penalties, including up to five years of imprisonment and fines reaching $5,000 for each offense. “Each act of unlawful firearm use is treated as a separate crime,” he says, stressing the gravity of respecting the law.
The article underscores the importance of presenting a strong case to an Oakland County superior court. The application process is stringent, requiring evidence that the individual has been compliant with their sentence for a minimum of five years and poses no threat to public safety.
Tafelski also highlights the Clean Slate Act in Oakland County, a significant legislative move aimed at broadening expungement eligibility and simplifying the process for non-violent criminal records. This Act has revolutionized the expungement landscape by introducing automatic expungement for certain crimes, including traffic offenses and grouped offenses, and has redefined the waiting period for eligibility.
Understanding the benefits of expungement, such as the restoration of gun rights, is crucial. For those with a criminal record, expungement can open doors that were once closed, and for many, it can mean the reinstatement of fundamental rights, including the right to bear arms. Paul J. Tafelski advises anyone with questions about expungement or gun rights to seek professional counsel.
About Michigan Defense Law:
Michigan Defense Law is a law firm that prides itself on advocating for the rights of individuals across Oakland County. Led by Paul J. Tafelski, the firm has garnered a reputation for its dedicated and personalized approach to criminal defense, including expungement cases and the restoration of gun rights. With a deep understanding of Michigan law and a commitment to their clients, Michigan Defense Law works diligently to help individuals move past their convictions and reclaim their rights.
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