How to Get an Expungement for OWI in Michigan

Zeineh Law Can Help You Determine if Your Michigan OWI Is Eligible for Expungement 

When someone gets in trouble with the law, one of their biggest goals is to try to move past the incident once it is all over. But even if someone gets through their punishment successfully without any violations, they are often still stuck with a criminal record. One major way people are able to clear their criminal records is through the expungement process. Historically, expungements in Michigan have been very specific and left a lot of people without the chance to clear their criminal records. A new law signed by Gov. Gretchen Whitmer looks to expand expungement availability for people, and for the first time will allow expungements for operating while intoxicated (OWI) offenses. If you have questions about an expungement, then it is important to speak to an experienced criminal defense attorney as soon as possible.

WHAT IS THE NEW LAW?

Michigan House Bills 4219 and 4220 are the documents that will allow people to clear old drunk driving convictions from their records for the first time in state history. Previously, any driving offense convictions, including OWI, driving on a suspended license, and reckless driving were not expungable under state law. This new law allows expungements of OWI offenses, but only to those who qualify. Only first offense OWI convictions that did not result in death or serious injury are allowed to be expunged under the new law. You can also only seek expungement once five years have passed from the end of your sentence. This means that once you fully completed your punishments and responsibilities to the court. If you were sentenced to probation, then your five-year clock starts once your probation is completed. People may start seeking expungement once the law takes effect on February 19, 2022.

HOW MIGHT THIS LAW APPLY TO YOU?

If you have a conviction for OWI on your record, then it is important to determine if it can be expunged under the new state program. If you completed your probation approximately five years ago, then you may be eligible to have your conviction removed by a judge as long as it was a first offense. It is important to understand that OWI expungement is not automatic. An OWI conviction will not just “fall off” after five years as some people may think. To get an expungement granted, you must follow a specific process and file specific paperwork to be heard in front of a judge, who will make the ultimate decision. You will need to demonstrate how your life has changed since your conviction and how removing this conviction will help you in your personal and professional life. Having a criminal conviction removed from your criminal record can open up new job opportunities, housing, and can prevent anyone from finding out about your previous OWI conviction. The state of Michigan has made a strong push to help people clear their criminal records by expanding the availability of expungements, but it is up to you to take advantage of these new programs.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate whether you are eligible to have your drunk driving conviction expunged. Once you are determined to be eligible, then your attorney can properly prepare all of the necessary expungement paperwork and submit it to the court. Once the court accepts your expungement petition, you will likely need to appear in person for your expungement case. Your attorney can help prepare you for this hearing and your presentation in front of the judge. You only get one chance at an expungement, so make sure you do it right. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to expunge a past drunk driving conviction, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.