By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 7, 2022
A Michigan drunk driving conviction will follow you around for years, even if it is your first offense. There are very few things that will be worse than the possibility of losing your license, not being able to get one at all, and having a drinking and driving conviction on your record. However, removing an OWI conviction from your criminal record is possible. There are several benefits of a Michigan OWI expungement.
If you have been convicted of a Michigan OWI, you know how serious it is. During background checks many employers will see the conviction on the applicants’ record and never hire them because they don’t want to worry about liability issues later on down the road.
People with OWI convictions typically pay much higher insurance rates than those who do not have a driving record. This is because insurance companies consider these individuals to be a higher risk to the insurance company, and therefore charge more for coverage.
The great news is you can seek an expungement of your Michigan OWI conviction. This will allow you to remove the conviction from your public record, and most importantly, it will enable you to legally say that you were never convicted of an OWI.
What is a Michigan OWI expungement and what does it do for your record?
A Michigan OWI expungement is the process of removing a first-offense OWI from your criminal record. First offense OWI offenses include the following:
- OWI
- Operating with Combination of Alcohol/Drugs
- OWI High BAC (“Superdrunk”)
- Allowing an Intoxicated Person to Drive
- OWVI (Operating While Visibly Impaired)
- Minor with BAC (“Zero Tolerance”)
- Operating with the Presence of a Controlled Substance
The following cannot be expunged:
- OWI/OWVI/Combo Causing Serious Impairment of a Bodily Function
- OWI/OWVI/Combo Causing Death
- OWI w/Child under 16-Years (“Child Endangerment”)
- OWI Commercial Vehicle
The most important thing to know is that one benefit of a Michigan OWI expungement is that the state will remove the conviction from your criminal record. Removing the conviction from your record allows you to proceed as if you had never been convicted of a drinking and driving offense.
When you apply for a job or school, a successful Michigan OWI expungement will prevent the conviction from being revealed during a background check. If the OWI conviction is your only conviction, you can permanently remove that from your history and have a clean record.
A limitation of the expungement process.
A successful expungement prevents potential employers and others from seeing the OWI conviction. The limitation is that the police, courts, and prosecutors will still know that the offense occurred. The type of background search the police can do is much more extensive than a search done by a potential employer.
An additional limitation is that the OWI conviction still will remain on your driving record. As it stands at the time of this article, while an expungement erases the conviction from your criminal history it will still remain on your driving record.
Expunging your Michigan drunk driving offense will allow you to avoid the lifelong consequences that come with having a drunk driving charge on your record. This can be especially important for first-time offenders, who may not realize how much their Michigan OWI charges continue to affect them even after probation and community service requirements have been fulfilled.
While the Michigan Secretary of State can use the drinking and driving offense against your driver’s license if you are convicted of another, a successful expungement prevents the prosecutor from charging you with an enhanced drinking and driving offense if you happen to be charged with another OWI.
The Michigan OWI expungement process is a very serious matter. You should not enter it lightly or without knowledge of the process involved. If you are considering Michigan OWI expungement, it is essential to know how to properly complete the expungement requirements.
Consult with an attorney to help you through the expungement process.
First and foremost, it is important to work with an experienced lawyer who understands the complexities of Michigan’s OWI expungement laws and who knows how to build a compelling argument for expungement. This will give you the best chance of success in court as well as help you avoid common pitfalls that can jeopardize your case.
If you are eligible for a Michigan an OWI expungement, you should have an experienced criminal defense lawyer evaluate your case to confirm your eligibility.
Also, if you proceed on your own and lose the hearing because of procedural mistakes, errors, or did not persuasively argue your case, you will have to wait three years before you can apply again. For this reason alone, it’s essential to have an experienced criminal defense lawyer handle your case so that you can receive the benefits of a Michigan OWI expungement.
How our team can help clear your record.
If you have a Michigan OWI conviction, it will remain on your record for the rest of your life unless expunged. Fortunately, as explained, you can take steps to remove that conviction permanently. One of the best ways to put yourself in a position to win is by working with experienced defense attorneys who specialize in expungement cases.
Our team understands how important it is for people to clear their records and move forward. That is why we offer dedicated, personalized legal representation to help you achieve your goals. If you are eligible for an expungement of your record, we have the knowledge and skills needed to get results.
Our attorneys have over two decades of experience representing clients charged with OWI-related offenses, so we know what it takes to effectively build a strategy that will increase your chances of winning your Michigan expungement. We understand the stress and anxiety you are likely feeling, which is why we work tirelessly on behalf of our clients to minimize any negative impact on their lives.
So if you are looking for effective legal representation for your Michigan OWI expungement, contact our law firm to schedule a consultation with one of our experienced defense attorneys.
Here are some of the key benefits of working with our team:
1. Expert guidance and support throughout the process. When you work with our experienced attorneys, you will benefit from our expertise and knowledge as we guide you through each step of the expungement process. We will be able to provide expert advice on whether your case qualifies for expungement and help you navigate the often complex legal requirements for this type of relief.
2. Increased chances of success. Getting your criminal record expunged can be a challenging process, especially if you do not have an attorney to help guide you through the process. Our lawyers will ensure that all the required paperwork is submitted properly, as well as represent you in court, so that your case is persuasively heard by the judge.
3. Reduced stress and worry throughout the process. Having your criminal record cleared can be a long and stressful process, so it is important to work with our attorneys because we can reduce some of this stress by handling much of the administrative and legal aspects of your case. This can allow you to focus your time and energy on other aspects of your life, such as work and family.
To learn more about a Michigan OWI expungement call (586) 718-2345 today for a free consultation. You can also use our online form for a prompt response. We are available 24/7 and have weekend and evening appointments.