MenuFirst Offense OWI/DUI Expungement In Michigan
Being convicted for an OWI (Operating While Intoxicated) in Michigan can be a tumultuous experience given the potentially harsh criminal penalties. But having an OWI on your permanent record can also affect your life, your employment prospects, your family relations, and the ability to obtain certain licenses that you spent years working towards. However, there is some good news as of late for people convicted with a Michigan OWI first offense.
Governor Gretchen Whitmer recently signed into law several bills allowing for the expungement of your first OWI offense from your criminal record. Applications for OWI expungements will be accepted starting February 19th, 2022.
Expungement is a process of erasing a conviction from your permanent record. It will be available to more people in Michigan than ever before, thanks to new legislation known as the Clean Slate initiative. This new law will allow an estimated 200,000 Michiganders to clear their permanent records of a first offense OWI.
Who Qualifies For Expungement?
Anyone can have a first offense OWI conviction expunged. With the new law, an application for expungement would have to be filed five years after the completion of your probationary period. Anyone that has two or more OWI convictions would not be eligible for this expungement process. Any OWI convictions involving serious injury or death would also not be eligible for this expungement process. Further, if the OWI occurred while you were driving a commercial vehicle, the new law would not apply to that conviction, and you may not be able to have it expunged.
Drivers who have been convicted of OWI qualify for expungement if they meet the following criteria:
- Any person operating a vehicle with a Blood Alcohol Content (BAC) of .08 percent or more;
- Any person operating a vehicle while visibly impaired by alcohol or other controlled substance;
- A person under 21 years of age operating a vehicle with a BAC of .02 percent or more;
- Any person operating a vehicle while under the influence of a controlled substance.
Here’s an example of the Michigan DUI expungement bill signed by Governor Gretchen Whitmer. You can view the full signed copy here.
The process can be somewhat complicated. It involves an application and the gathering of several documents. Here’s what it entails:
First Offense Michigan DUI Expungement Process
The process can be somewhat complicated. It involves an application and the gathering of several documents. Here’s what it entails:
- Gather records
- Fill out an application
- Obtain fingerprints
- Sign, notarize, and make copies of the application
- File the application with the appropriate authorities
- Complete proof of service
- Prepare for an expungement hearing
Not everyone who applies will be granted expungement. However, studies have indicated that people with clean criminal records potentially experience the following benefits:
- Higher wages
- Better housing
- Better jobs
- Access to student loans
- Better insurance rates
- Eligibility for a concealed pistol permit
What Does Not Qualify Under The New Law?
Under the new Michigan expungement law, residents can expunge up to three felonies and an unlimited number of misdemeanors from their criminal record. However, the types of offenses that do not qualify include the following:
- Felonies carrying maximum punishment of life in prison;
- Attempt to commit a felony (in which the maximum punishment is life);
- Felony domestic violence (if you had a previous domestic violence misdemeanor);
- Child abuse offenses;
- Many criminal sexual conduct offenses;
- Traffic offenses causing injury or death;
- Three or more felonies on different dates.
It may not make sense to apply for expungement if you have charges pending against you in any court or have been convicted of a crime in the last three years.
Why Hire An Experienced Expungement Lawyer?
Some people may think that they could complete this process and attend the hearing on their own. This would be a big mistake. Given the complexities of the process, it would be easy for an ordinary person to make a serious mistake. Also, the hearing process could involve legal issues with which you have little to no familiarity. If your expungement application is denied due to a mistake that you have made, you will have to wait another three years before reapplying for an expungement. Don’t let this happen to you.
Michigan OWI & DUI Expungement Lawyer
With the new expungement law, there will be lots of people trying to have their first offense OWI convictions expunged from their record. Because of a potential backlog, and because of the complexities of this process, you need an experienced Michigan DUI attorney to shepherd your application through the system.
George Law is devoted to representing those in Michigan seeking representation in criminal matters and with expungements. Our criminal defense attorneys handle OWI expungement cases so that clients don’t have to deal with the time and hassle. Our lawyers know what the courts and judges require in order to make your application successful. We are here for you. For a free consultation with George Law, or to prepare your expungement application contact us today.