For a free evaluation of your case please contact Attorney Ian Caldwell

Can I get my Michigan DUI Expunged?

Under the Michigan expungement laws, you may be able to have one “first offense” DUI expunged and removed from your public criminal record.  This could include a first offense conviction for OWI (Operating While Intoxicated), OWVI (Operating While Visibly Impaired), or OWI High BAC (Operating While Intoxicated with a High Bodily Alcohol Content).  

There is a time requirement that must be fulfilled before a person could become eligible for a DUI expungement.  For a “first operating while intoxicated offense”, an applicant has to wait 5 years from the sentencing date, probation discharge date, or the date of completion of any jail sentence.  Whichever event occurs last is the date that is used to start the 5-year period.

Expungements are not automatically granted by the courts nor guaranteed to every person. There is a detailed application process that every applicant must go through before a Judge will grant an expungement.  The formal legal term for requesting an expungement in Michigan is an “Application to Set Aside a Conviction”.  This process includes filing paperwork with the court, mailing documents, serving documents on the other parties involved with the case, as well as having a background check completed with the Michigan State Police.  

These types of cases generally take several months to process.  When the case does get in front of the Judge, the applicant essentially has to establish to the Judge that over the last 5 years, the applicant’s circumstances and behavior warrant setting aside the conviction and granting the request would be consistent with the public welfare.

Overall, this is a great option for eligible candidates and many people are utilizing this process.  If you are interested in having a DUI expunged from your record, please contact our office and we would be happy to discuss your case.