Can you buy a gun in Michigan after a felony conviction is expunged?
Generally, yes—but not automatically. If Michigan has formally set aside the felony conviction, and no other conviction or disqualifying condition applies, federal law generally does not treat that conviction as a predicate for the federal felon-in-possession prohibition. 18 U.S.C. § 921(a)(20)[1]
Key qualifications
- The conviction must be officially set aside under Michigan law, not merely removed from a public record or treated as “expunged” informally. Michigan’s procedure is governed by Mich. Comp. Laws § 780.621[3].
- The restoration or set-aside must not expressly preserve a firearms prohibition. Section 921(a)(20) excludes convictions where the restoration order expressly provides that the person may not ship, transport, possess, or receive firearms.18 U.S.C. § 921(a)(20)[1]
- Michigan law may still prohibit possession based on the particular offense, the terms of the order, or another disqualifying circumstance. Michigan’s firearm-licensing statute requires that the applicant not be prohibited under Michigan’s felony-firearm statute.Mich. Comp. Laws § 28.422[2]
- A set-aside does not eliminate other prohibitors—for example, another felony conviction, a qualifying domestic-violence conviction, certain protective orders, unlawful controlled-substance use, or an involuntary-commitment disqualification.
- Buying a firearm and possessing one are separately regulated; federal law prohibits possession by a person who remains within the statutory definition of a convicted felon.18 U.S.C. § 922(g)(1)
Michigan federal courts have treated whether rights were actually restored—and whether restrictions on carrying or possessing firearms remain—as a fact-specific inquiry. United States v. Brown, 69 F. Supp. 2d 925, 939–40 (E.D. Mich. 1999)[1]
Practical conclusion: Do not rely solely on the word “expunged.” Confirm that the Michigan court entered a set-aside order, review its firearms language, and verify that no other federal or Michigan prohibition applies before purchasing or possessing a firearm.