Can Gun Rights Be Restored After a Domestic Violence Conviction in Michigan?

Sometimes, and the answer is different under Michigan law and federal law. Michigan's ban after a domestic violence misdemeanor ends by itself 8 years after the sentence is completed.^[1][9] The federal ban has no end date in its text and lifts only if the conviction is expunged, set aside or pardoned, if civil rights are restored, or under a 5-year rule for a single dating-relationship conviction.^[10]

This page goes through each possible route: waiting out the Michigan period, setting the conviction aside (the Michigan term for what is popularly called expungement), a pardon, the circuit court petition that exists for certain felonies, and the federal application that exists on paper. Where the law is unsettled, the page says so.

Two bans, two sets of rules

A person with a Michigan domestic violence misdemeanor is usually dealing with two separate prohibitions. One is MCL 750.224f(5), a state law.^[1] The other is 18 USC 922(g)(9), a federal law.^[11] Each has its own guide: Michigan's 8-year firearm ban and the federal firearm ban. Satisfying one does not satisfy the other. The Michigan Court of Appeals made the same point about felonies: a person whose Michigan rights are fully restored "could still be convicted of possessing a firearm under 18 USC 922(g)."^[8]

Route	Michigan ban	Federal ban
Waiting	Ends 8 years after fines, imprisonment and probation are completed[1][9]	No time limit, except 5 years for a single dating-relationship conviction[10][12]
Conviction set aside or expunged	Statute does not apply, unless the order expressly bars firearms[3]	Person is not considered convicted, unless the expungement expressly bars firearms[4]
Pardon	Statute does not apply, unless the pardon expressly bars firearms[3]	Person is not considered convicted, unless the pardon expressly bars firearms[4]
Court petition	Only for specified-felony bans under MCL 28.424[2]	An application to the Attorney General exists in 18 USC 925(c); current operation not verified[13]

Route 1: waiting out the Michigan period

The Michigan misdemeanor ban ends on its own terms. It lasts until 8 years after the person has paid all fines imposed for the violation, served all terms of imprisonment, and successfully completed all conditions of probation.^[1][9] No court petition exists to end it sooner.^[2]

Whether the ban applies at all to convictions entered before February 13, 2024 is not addressed by the statute. MCOLES, a state agency, has stated its interpretation that it does; no court ruling was located.^[14] How to calculate the period is covered in Michigan's 8-year firearm ban.

On the federal side, the single time-limited rule belongs to dating-relationship cases. A person with not more than 1 conviction of a misdemeanor crime of domestic violence against a person in a dating relationship, who is not otherwise prohibited, is no longer disqualified once 5 years have elapsed from the later of the judgment of conviction or completion of any custodial or supervisory sentence, if the person has not since been convicted of another such offense, of another misdemeanor with a force or deadly-weapon element, or of any other offense that would disqualify the person under section 922(g).^[12] That rule is not available where the offender was a current or former spouse, parent or guardian of the victim, shares a child with the victim, lives or lived with the victim as a spouse, parent or guardian, or is similarly situated to a spouse, parent or guardian of the victim.^[12] The dating-partner category itself applies only to convictions entered on or after June 25, 2022.^[15]

Route 2: setting the conviction aside

What the firearm statutes say

MCL 750.224f "does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly provides that the person shall not possess a firearm or ammunition."^[3]

The federal definition says a person "shall not be considered to have been convicted" of a misdemeanor crime of domestic violence "if the conviction has been expunged or set aside," unless the expungement "expressly provides that the person may not ship, transport, possess, or receive firearms."^[4] The federal felony definition contains the same kind of language.^[16]

One caution. A Michigan set-aside leaves a nonpublic record, and a set-aside conviction may still be considered a prior conviction for purposes of charging a crime as a second or subsequent offense.^[17][18] No source reviewed for this library decides whether a Michigan set-aside satisfies the federal provision.^[4] Anyone relying on a set-aside to possess a firearm should get individual legal advice first.

Can a domestic violence conviction be set aside?

A misdemeanor domestic assault conviction can be set aside by application. Because the offense is both a "serious misdemeanor" and an "assaultive crime," the waiting period is 5 years, not the 3 years that apply to ordinary misdemeanors.^[5] The 5 years run from whichever comes last among the events the statute lists, which include imposition of the sentence and completion of probation.^[19] The conviction also counts toward a lifetime limit of 2 assaultive-crime convictions set aside.^[20]

Three further limits matter:

• Not automatic. Domestic assault and aggravated domestic assault are excluded from Michigan's automatic set-aside process, so a person must file an application.^[6]
• Discretionary. The court may grant the application if the applicant's circumstances and behavior warrant it and setting aside the conviction is consistent with the public welfare.^[21]
• Felony with a prior. A person may not have set aside "a felony conviction for domestic violence, if the person has a previous misdemeanor conviction for domestic violence."^[22]

The application process, the forms and the hearing are explained in expunging a domestic violence conviction and automatic expungement and domestic violence.

What about a deferral?

A case discharged and dismissed under the MCL 769.4a deferral is "without adjudication of guilt and is not a conviction" for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.^[23] Federal regulations say a person is not considered convicted unless considered convicted "by the jurisdiction in which the proceedings were held."^[24] No primary source reviewed here applies that federal rule to a Michigan deferral specifically, so this library does not state a conclusion.^[24] See does a 769.4a deferral count as a conviction?

Route 3: a pardon

The Michigan Parole Board's instructions describe a pardon as executive clemency by which the Governor forgives a person convicted of a crime.^[25] The Board's role is advisory: it reviews the application for merit and makes a recommendation, and the ultimate decision lies with the Governor.^[26] The pardon application form states that the Board will not process an application where expungement is available to the petitioner as an appropriate remedy.^[27] Where a set-aside is available, then, that application comes first.

Route 4: "civil rights restored" under federal law

The federal definition also excludes an offense for which the person "has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense)."^[4] How this applies to a Michigan misdemeanor is unsettled. The Michigan benchbook reports a 2002 Sixth Circuit decision that treated the return of civil rights after jail as a restoration, and a 2012 Sixth Circuit decision holding that Michigan's 8-year concealed pistol license ineligibility restricted firearm rights enough that the federal ban still applied.^[28] None of the sources reviewed addresses how Michigan's 2024 possession ban affects that analysis.^[28] This is not a route to rely on without a lawyer's review of current federal case law.

Route 5: felony restoration under Michigan law

Felony domestic violence convictions, such as a third-offense domestic assault, are governed by different subsections of MCL 750.224f. For this statute, a felony is an offense punishable by imprisonment for more than 1 year.^[29]

Type of conviction	When Michigan rights return	Court order needed?
Felony that is not a specified felony	3 years after fines are paid, imprisonment is served, and probation or parole is completed[30]	No[30]
Specified felony	5 years after the same events, and only after restoration under MCL 28.424[7]	Yes[7]

A specified felony includes a felony in which an element is the use, attempted use, or threatened use of physical force against the person or property of another, or which by its nature involves a substantial risk that such force may be used.^[31] The sources reviewed for this library do not name any particular domestic violence felony as a specified felony; under a proposed model jury instruction, the judge determines the category.^[31][32] Which category applies to a given conviction is therefore something to confirm with a lawyer.

The circuit court petition

1. The petition is filed in the circuit court of the county where the person lives.^[33]
2. Not more than 1 petition may be submitted in any 12-month period, and the court charges a filing fee unless it waives the fee.^[33]
3. The court restores the rights by written order if it finds, by clear and convincing evidence, that the petition was properly submitted, that 5 years have passed since fines, imprisonment and probation or parole were completed, and that the person's record and reputation are such that the person "is not likely to act in a manner dangerous to the safety of other individuals."^[33]

A Michigan restoration order gives complete relief from Michigan's felon-in-possession statute, but the Court of Appeals has said that is so "regardless of potential liability under the federal" statute.^[8] It also does not open the door to a concealed pistol license, because any felony conviction is a disqualifier for that license.^[34] See concealed pistol licenses and firearm purchases.

Route 6: the federal relief application

18 USC 925(c) allows a prohibited person to apply to the Attorney General for relief from federal firearm disabilities, and a denial can be reviewed in U.S. district court.^[13] Whether that program is currently funded and accepting applications was not verified for this library. It should not be treated as a working remedy without checking its present status.

What people get wrong

• "Wait 8 years and everything is restored." That is the Michigan rule only; the federal statute has no period of years.^[1][10]
• "File a petition in circuit court after a misdemeanor." MCL 28.424 covers specified-felony bans, not the misdemeanor ban.^[2]
• "Felons can never own guns in Michigan." Michigan law restores rights after 3 years for felonies that are not specified felonies, and after 5 years plus a court order for specified felonies; federal law remains separate.^[30][7][8]
• "Domestic violence convictions clear automatically after 7 years." Assaultive crimes and serious misdemeanors are excluded from automatic set-aside.^[35][6]