Michigan Expungement and Gun Rights: What a Set-Aside Does and Does Not Restore

A Michigan set-aside does not automatically establish your right to possess firearms under federal law. The effect of a state set-aside under federal firearm law can depend on the conviction and the relief granted.

The Federal Prohibition

Under 18 U.S.C. § 922(g)(1), a qualifying felony conviction generally bars firearm possession, subject to the federal exception in 18 U.S.C. § 921(a)(20). A misdemeanor crime of domestic violence is a separate prohibition under § 922(g)(9); 18 U.S.C. § 921(a)(33)(B)(ii) provides a separate exception when that conviction has been expunged or set aside, unless the relief expressly bars firearm possession.

Section 921(a)(20) provides an exception: a conviction does not count for federal firearm purposes if the person's civil rights have been fully restored or the record has been "expunged or set aside" — unless the state-level relief expressly restricts firearm possession.

What Wilburn Decided About One Michigan Set-Aside

In Wilburn v. ATF, No. 2:23-cv-13170 (E.D. Mich. Mar. 13, 2025), the court held on the facts before it that a Michigan set-aside did not remove the federal prohibition arising from a misdemeanor domestic-violence conviction. That case does not establish a blanket ATF rule for every Michigan set-aside or conviction; federal eligibility requires a case-specific analysis.

State-Level Firearm Restoration

Michigan's felon-in-possession statute (MCL 750.224f) sets different waiting periods for non-specified and specified felonies when the person remains subject to the state restriction. A conviction set aside under Michigan law is generally outside subsections (1) and (2), unless the set-aside order expressly prohibits firearm or ammunition possession under subsection (9):

• Non-specified felonies: the state restriction generally ends three years after all fines are paid, imprisonment is served, and probation or parole conditions are completed
• Specified felonies (a category defined in MCL 750.224f): the state restriction generally continues until five years after those conditions are complete and a circuit court restores the rights under MCL 28.424

State restoration and federal eligibility are separate questions; a state restoration order does not by itself establish federal eligibility.

The Safe Path to Restoration

To minimize federal enforcement risk after a felony set-aside:

1. Confirm which state and federal firearm restrictions apply to the conviction. MCL 750.224f(9) generally excepts a set-aside conviction from the state restrictions unless the order expressly prohibits firearm or ammunition possession. If the state restriction still applies, the timelines differ for non-specified and specified felonies.
2. If an FBI NICS check has produced an erroneous denial or extended delay, consider the FBI's Voluntary Appeal File (VAF), which can help prevent repeat delays or erroneous denials by adding supporting records.
3. A VAF entry does not itself determine firearm eligibility or guarantee a proceed result on a later NICS check. Confirm eligibility under applicable federal law before possessing a firearm.

Possessing a firearm while prohibited can carry serious criminal consequences. The Michigan Expungement & Record Sealing Guide includes the federal firearm restoration checklist, the MCL 28.424 petition requirements, and the FBI VAF filing process.

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