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Are You Eligible for a DUI Expungement Under Michigan’s New Law?

Nov 17, 2021, by Maurice Davis in DUI, Expungement
Pencil erasing the word 'past'

Until late 2021, Michigan did not allow people convicted of driving under the influence to expunge their records. This meant hundreds of thousands of people across the state would be forever followed by a drunk driving conviction.

Thankfully, as of 2021, certain people with DUI convictions may finally be able to put their past behind them via expungement.

Here’s how it works:

Michigan’s OWI Expungement Law

Under the new DUI expungement law in Michigan, people who have previously been convicted of an OWI may petition the court to get their record expunged. However, there are precise requirements in place to qualify.

Who Qualifies for an OWI Expungement in Michigan?

First, you need to be sure that you only have one prior OWI conviction. If you have more than one OWI conviction on your record, you will not be eligible to have your record expunged.

You also will need to wait a minimum of five years after your sentence has been completed before you apply. This is known as the probationary term. During this time, you will want to be sure that you were not arrested and convicted of any other crimes, as this could result in the denial of your OWI expungement petition.

It should also be noted that only OWI cases that were non-violent are eligible for expungement. This means that no one should have been injured or killed because of your drunk driving.

How To Get Your Michigan DUI Expunged

The state will begin accepting applications for individuals to get their OWIs expunged starting in February 2022. The process should be fairly straightforward. You will need to obtain a copy of your criminal record. Once you have a copy of your criminal record, you can go to the police station and take your fingerprints.

There, the court clerk will file your application to have your OWI expunged. Copies of your application should be mailed to the state police, the prosecutor, and the Attorney General. From there, you will need to attend a hearing where you will have the opportunity to plead your case before the judge.

A Lawyer Can Help

You will want an experienced Michigan expungement attorney representing you as you seek to have your OWI expunged. Your lawyer can give you the guidance, insight, and support that you need to get your record expunged.

For example, your attorney may advise that you participate in a drug or alcohol treatment program or another educational program. This could go a long way in helping a judge see that you have taken your OWI conviction seriously and have taken steps to rebuild your life since then.

Contact Davis Law Group

Michigan’s new expungement laws could go a long way in helping people haunted by past OWI convictions. To find out if you qualify for an OWI expungement, reach out to an experienced Michigan OWI lawyer at Davis Law Group for help.

Schedule your free, no-obligation consultation when you complete our online form or call 313-818-3238.