By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 4, 2022
One of the most common questions we get at our office is whether a person can expunge a Michigan OWI conviction (operating while intoxicated) from their criminal record. The short answer is “yes.” However, the ability to expunge your Michigan OWI conviction depends on a number of factors, and each case is different.
When it comes to expunging a OWI record in Michigan, many people aren’t sure where to start or what steps they need to take. This blog post is designed to provide an overview of how the process works and what you can expect along the way. Whether you’re considering getting your record expunged or you’ve already started the process and need some guidance, this post will help you.
Michigan OWIs are now eligible for expungement.
On Monday, August 23, 2021, at 8:13 am, Gov. Gretchen Whitmer signed House Bills 4219 and 4220 allowing you the ability to expunge your Michigan OWI conviction from your Michigan criminal record.
“No one should be defined by a mistake they have made in the past. These bills allow Michiganders to move on from a past mistake in order to have a clean slate. We must clear a path for first-time offenders so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way.”
Michigan Gov. Gretchen Whitmer
Who is eligible to have their Michigan OWI expunged?
An expungement, or motion to set aside a conviction, erases a person’s criminal conviction from public record. The OWI conviction will not appear in a criminal background check. However, the Michigan State Police still maintain a non-public record of the conviction. But, for employment, people will not have to disclose the OWI conviction.
When you expunge your Michigan OWI conviction, the expungement removes the conviction by making it as though the crime never happened for public purposes. Again, this means that when asked about criminal history, expunged crimes will not show up on a background check. A person whose expungement has been approved can lawfully say that they have not been convicted of a crime. Learn more at the official State of Michigan information website.
If you are a first-offense OWI offender, you may be eligible to file a motion to expunge your Michigan OWI conviction five years after the completion of probation. An OWI conviction that resulted in someone’s death or caused a serious injury cannot be expunged. The following are eligible to apply:
- First time OWI offender
- Operating a vehicle with a BAC of .08 or greater
- Any person operating a vehicle while visibly impaired by alcohol or other controlled substance
- A person under 21 years old operating a vehicle with a BAC of .02 or more
- Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance
Expungement law requirements.
An OWI expungement looks at the petitioner’s life and how they have changed since the drunk driving conviction. The law grants the judge the following discretion:Â
In making a determination whether to grant the petition to set aside a first violation the reviewing court may consider whether or not the petitioner has benefited from rehabilitative or educational programs, if any were ordered by the sentencing court, or whether such steps were taken by the petitioner before sentencing for the first violation operating while intoxicated offense conviction he or she is seeking to set aside.
Michigan OWI expungement law
The law also states that “the reviewing court may deny the petition if it is not convinced that the petitioner has either availed himself or herself of rehabilitative or educational programming or benefited from rehabilitative or educational programming he or she has completed.”
This means that the petitioner has to show what steps they have taken to prevent an OWI from happening again.
How to expunge your Michigan OWI conviction.
To expunge your Michigan OWI criminal conviction, a person must petition the court where the conviction occurred. The expungement process is explained here. You can learn more about how to expunge a Michigan conviction.
You must take the following steps to complete your application.
- 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
Once you complete the paperwork you must send file it with the court and send copies to the Michigan Attorney General and prosecutor’s office that handled your case.
The expungement process can take up to 8 months (sometimes longer, depending on how busy courts are), and there are fees associated with filing paperwork with the court. There is also no guarantee that a petition will be approved because expungements are granted at the judges’ discretion.
Frequently asked questions.
Can your first OWI conviction still be expunged if you have been convicted of other crimes?
Yes. The expungement law changed and longer disqualifies applicants based on previous convictions. Note, however, you cannot get an OWI expunged if you have been convicted of crimes three years before filing the motion to set aside the OWI conviction.
Will the court automatically grant the expungement if I qualify?
No. The Judge who sentenced you, or that judge’s replacement will review the motion and your behavior since the incident to determine whether setting aside the conviction is warranted. Setting aside an OWI conviction is a privilege and not a guaranteed right.
Does an expungement erase all records of your OWI conviction?
No. An expungement deletes the conviction from the public record. A “non-public record” will still exist but it can only be accessed by law enforcement, courts, and government agencies. Lastly, while an expungement removes the offense from your criminal record, it will remain on your driving record.
What are the advantages of an OWI expungement?
One type of benefit an expungement provides is that potential employers, landlord, colleges, or professional licensing department, can see the conviction. An expungement is so beneficial that the State Police, the department responsible for maintaining criminal records, can only see the conviction if you apply for a job as a state trooper.
How an attorney can provide invaluable help with your expungement.
If your going to do it alone, here is some information from the State of Michigan.
While people believe that they can complete the expungement process and represent themselves at court, this would be a mistake. The OWI expungement process can be complicated which only invites mistakes with someone without proper experience. Also, since people lack legal experience, they will not know how to respond to legal issues.
If the court denies your expungement motion due to a mistake, you will have to wait three years before filing another application. Don’t make this mistake. A lawyer is an invaluable asset for expunging your Michigan OWI. Again, the process and legal requirements for expunging an OWI is complicated, especially if you do not have the experience.
If you are trying to clean up your record, enlist the help of a qualified attorney who specializes in this area. They will take care of all the necessary paperwork and legal processes on your behalf and make sure that everything goes smoothly for you. Their services will also ensure that nothing about the case is overlooked, which could potentially result in problems down the road.
Your lawyer will gather all the necessary documents and records related to your case. This will include court documents, probation records, and other relevant records.
After the attorney has all of your important documents, he or she will then start filling out the forms required by the state of Michigan to initiate the expungement process. Having an attorney will ensure that everything is filled out completely and accurately before submitting the paperwork.
Your attorney will also write a motion describing why the court should grant your motion. Lastly, your attorney will present arguments on your behalf at the motion hearing.
Here is an additional article on OWI expungements.
Contact Czarnecki & Taylor
Czarnecki & Taylor represent people in Michigan seeking expungements of OWIs and other criminal convictions. Our attorneys will handle your OWI expungement so that mistakes won’t be made. Our lawyers know what it takes to have a successful expungement.
To learn more about how we can help expunge your Michigan OWI conviction call (586) 718-2345 today to schedule a free consultation with an attorney or use our online form for a prompt response. We are available 24/7 and have weekend and evening appointments.