On August 23, 2021, Governor Gretchen Whitmer signed House Bills 4219 and 4220, which will now allow offenders with a first-time Operating While Intoxicated (OWI) conviction the opportunity to eliminate it from their criminal record. These laws will not go into effect until February 23, 2022, but you are able to start the process for an expungement today.
Qualifying for DUI Expungement in Michigan
To be eligible, you must only have one offense on your record and that offense cannot have caused another person’s death or injury. In addition, a period of 5 years must pass after your probationary term ends to apply.
An OWI expungement will clear the public record of the offense. Therefore, it will no longer appear in a background check, however, law enforcement still has a non-public record. If you receive an OWI expungement, you will no longer have to disclose that offense on job applications or other forms. In addition, those that have received OWI expungements in the past have enjoyed higher wages, better housing, lower insurance rates, etc.
The expungement process in Michigan is complex and time-consuming. There are many steps involved in this process and if you miss one, make a mistake, or get denied, you must wait 3 years before applying again.
How to Get a DUI Expunged in Michigan
To file for a DUI expungement in Michigan, you need to:
- Obtain your criminal record (Order a copy)
- Go to your local police station and have your fingerprints taken
- File an application with the court clerk
- Mail copies of your application to the prosecutor, Attorney General, and State Police, and
- Prepare and attend your hearing.
It is imperative that you get this process right the first time. The longer you wait, the longer this smudge remains on your record.
Get Help from a Michigan DUI Expungement Lawyer
An experienced attorney can make this process much smoother for you and your family. Do you want to get started on expunging your OWI conviction? Mark Mandell is an experienced Metro Detroit defense attorney and former prosecutor.
Call Mark today at (734) 552-1449 for a free consultation.
