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  • Writer's pictureMark Caldwell

Here's How a DUI can be Expunged from your Record in the State of Michigan

Updated: May 1


Highlights:

  • A DUI stays on your record in Michigan forever unless you get it expunged.

  • You can expunge a DUI from your criminal record if it’s a first offense, even if it’s a super drunk DUI.

  • You’re eligible to apply for expungement five years from the end of your probationary period.

  • Hire an experienced lawyer for the best chances at successful expungement. 

  • Expungement can lower your auto insurance and help you gain better employment.


Table of Contents:



Michigan DUI Expungement


Having a DUI on your record can impact your employment opportunities, auto insurance rates, and overall well-being. Luckily, you can now get a DUI expunged, thanks to the "Clean Slate" legislation that became effective in 2022 with House Bills 4219 and 4220. Learn all about how long a DUI stays on your record in Michigan and what steps to take for expungement. 


Hire an experienced Michigan expungement attorney to ensure your best chances of removing DUI and/or marijuana offenses from your record.


How Long Does a DUI Stay On Record in Michigan?


A DUI stays on your record forever in Michigan unless it is expunged. Prior to Michigan’s Clean Slate initiative becoming effective in 2022, OWI offenses were not expungable.

However, thanks to the Clean Slate initiative, you can now apply for expungement for first-time OWI offenses five years after probation.



Can You Get a DUI Off Your Record?


Yes!

You can get a DUI off your record in Michigan if it’s a first-time offense and it has been five years after the completion of your probationary period. You are not eligible for expungement if you have two or more DUIs.

However, the expungement process is both lengthy and complex, which is why it's highly recommended to hire a skilled Michigan expungement lawyer to guide you through the process to a favorable outcome.


 

For more information, you can contact me directly and I'd be happy to provide a free consultation at (616) 915-6576 or mark@markmcaldwell.com.



 



What is a DUI Expungement?


DUI expungement in is the removal of a DUI conviction from an individual's criminal record. When you expunge a DUI in Michigan, it is no longer a part of your record, which can help you gain better employment, housing, and auto insurance.

Note that expungement is different than sealing a record, which means the conviction exists, but the public cannot access the record.


Who is Eligible for Expungement in Michigan?


Anyone convicted of a first-time DUI, including super drunk DUI charges, is eligible for expungement. You must wait five years after completing your probationary period to apply for expungement. You won’t be able to expunge a second DUI, even if you’ve already expunged one. Expungement is also available to anyone who was convicted of driving while visually impaired due to any substance, such as marijuana.


Here are the drunk driving convictions that can be expunged in Michigan:

  • Operating While Intoxicated (OWI)

  • Operating While Visible Impaired (OWVI)

  • Operating with the Presence of Drugs (OWPD)

  • Super Drunk or High BAC DUI

  • Driver under 21 years of age with a BAC of .02 or higher (Zero Tolerance)

  • Allowing an intoxicated or impaired person to operate a motor vehicle (non-moving violation)


During the expungement process, a judge will review your case and consider:

  • If you've completed an alcohol or drug rehabilitation program, such as sobriety court

  • If you’ve incurred any convictions since your DUI conviction


Who is Not Eligible for Expungement in Michigan?


There are four factors that would make you ineligible:

  • You have two or more OWI convictions

  • Your conviction involved serious injury or death

  • The OWI occurred while driving a commercial vehicle

  • You received a “Child Endangerment” conviction, also known as OWI with a child under 16 years of age

Benefits of Expungement


Getting a DUI expunged from your record can have a life-changing impact on your employment, lifestyle, and future. Here are the main benefits:


Lower Insurance Rates

Removing a DUI from your criminal record and the points from your driving record (if granted by the Secretary of State) often lowers your auto insurance premiums. Lower rates can save you hundreds or thousands of dollars in the long run.

Higher Wages

Better Housing

Student Loan Availability

Concealed Pistol License (CPL) Eligibility




Steps to Expungement

There are 11 key steps to in the Michigan expungement process:



1. Obtain Criminal and Court Records

Pull your ICHAT record and obtain certified court records of your conviction history. 


2. Fill Out the Expungement Application

Fill out the expungement application, but wait to sign it. You need to sign it later in the presence of a certified notary. If you make a mistake on these documents, you must wait three years before applying again.


3. Get Fingerprints

You need to get official fingerprints on a fingerprint card to apply for expungement.


4. Get Your Application Notarized

Your expungement application must be notarized by a certified notary. You will sign the application during your visit to the notary. 


5. Make Copies

You need five copies of your conviction history and notarized application.


6. File Application

Submit your application to the County Clerk. You will also schedule a hearing date. 


7. Mail Copies

Send the remaining copies of your application and criminal record to the Michigan Attorney General, Michigan State Police, and the convicting county’s Prosecuting Attorney.


8. Complete Proof of Service

Sign and date two copies of the Proof of Service. Send one copy to the County Clerk.


9. Prepare For Your Hearing

Prepare and organize your paperwork with your attorney. Your lawyer will prepare you for anything you need to do.


10. Attend Hearing

Show up on time and dress professionally. You will probably not be required to speak at the hearing. The prosecutor’s job is to show the judge why your application should not be set aside.


11. Ensure Your Record is Clear

Your criminal record should be clear four to six weeks after your hearing. Check your ICHAT or ask your lawyer if your record is officially clear. 


Michigan Marijuana Expungement


The “Clean Slate” initiative and the Marijuana Opportunity Reinvestment and Expungement Act also made individuals with marijuana convictions eligible for expungement. You can have unlimited misdemeanor marijuana convictions and certain felony offenses removed from your criminal record.


You can apply for Michigan marijuana expungement in a similar way to DUI expungement; filing within two years of a misdemeanor marijuana conviction.


Choose an Experienced Michigan Expungement Lawyer


Completing the paperwork and steps for expungement can be complicated A small error in paperwork or process can result in a denial, and you won’t be eligible to reapply for at least three years. That's why hiring an experienced Michigan expungement lawyer is without a doubt the best way to get your application is approved.  


As a Michigan criminal defense lawyer with over 20 years of experience, I know how to help you achieve successful DUI and marijuana expungement. I've helped hundreds of clients expunge drunk driving and marijuana convictions from their records. By getting your expungement sooner than later, you can gain better employment opportunities and return to living a life you love.


For a free consultation, you can contact me at: (616) 915-6576 or mark@markmcaldwell.com.

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