Many people throughout Michigan have made the mistake of getting behind the wheel of a car after they have had a few too many drinks. If they are charged with and convicted of driving under the influence, they typically learn from their error. Despite being careful about not driving drunk, their criminal record can follow them.
Under recently enacted laws, it is possible to have a first-time OWI conviction expunged or set aside. If you qualify, then it will be as though you were never convicted of the crime. Our DUI expungement attorneys can help you determine if you are eligible for DUI expungement, assist you with the application, help you gather the necessary documentation, and represent you in an expungement hearing.
Based in Traverse City, Mas/Stig-Nielsen represents people who have been charged with all types of criminal offenses. We also help people get their criminal records cleared through expungement. If you would like to learn more about the expungement process, contact our law offices to schedule a consultation with a Michigan DUI expungement lawyer.
Is It Possible to Get My Michigan DUI Expunged?
Expungement is a legal process that essentially erases a criminal conviction from a person’s record. In 2020, Governor Gretchen Whitmer signed a package of bills – known as the “Clean Slate” package – that allows Michiganders to have prior convictions expunged.
Under these laws, certain convictions will be automatically expunged from your criminal record after a specified period of time (7 to 10 years). For other offenses, including operating while intoxicated (OWI/DUI), you must apply for expungement.
If you have one DUI conviction, you can apply for expungement 5 years after completing your probation. You cannot use this process if you have multiple OWI convictions or if your OWI resulted in serious injury or death. You also cannot use this process to expunge an OWI that occurred while you were operating a commercial motor vehicle.
To be eligible for a DUI expungement in Michigan, you must meet the following criteria:
- One conviction for operating a vehicle with a Blood Alcohol Content (BAC) of .08% or greater, operating a vehicle while visibly impaired by alcohol and/or drugs, operating a vehicle while under the influence of a controlled substance, or operating a vehicle while under the age of 21 and a BAC of .02% or higher;
- All probation terms completed;
- You have not committed any criminal offenses since your OWI conviction;
- You have not previously applied to have a first-offense OWI conviction set aside; and
- At least 5 years have elapsed since the end of your probationary period.
If you qualify, then you will need to complete an expungement application. Unlike many other criminal offenses, DUI/OWI convictions are not eligible for automatic expungement. Our experienced Michigan DUI expungement lawyers can help you with the process.
The DUI Expungement Process
If you want to have your OWI record expunged, it is a good idea to consult with a Traverse City criminal defense lawyer. They can review your criminal record and help you determine whether you are eligible for expungement. They can also gather the necessary paperwork and represent you throughout the process.
The first step in the process is to check your criminal history with the Michigan State Police’s Internet Criminal History Access Tool (ICHAT). This will let you view any criminal convictions that you might have so that you can determine whether you are eligible for expungement.
Next, you will need to complete an expungement application. This application will require you to input information such as your criminal history and whether you have previously sought to have a criminal conviction expunged.
You will then need to obtain certified copies of your conviction(s) along with an official set of fingerprints from the local police. You will then send the entire package to the Michigan State Police, the court where you were convicted, the prosecuting attorney, and the Michigan Attorney General.
Next, you will get a date for a court hearing. At this hearing, the judge will either grant or deny your application. If the expungement is granted, then you will get a copy of the order and make sure that the court clerk is sending copies to all of the parties listed above.
While you are not required to have an attorney to get an OWI expungement, it is generally a good idea. The process is lengthy and can be complicated. Importantly, if you make a mistake and your expungement is denied, then you will have to wait another 3 years before you can apply again. Working with a DUI expungement attorney is the best way to make sure that your criminal record is cleared – and that it is done right the first time. They can also represent you at the hearing and advocate for you.
Want to Get Your DUI Record Cleared? Give Our Law Firm a Call.
A DUI conviction can impact your life for years to come. Clearing your criminal record is an important step for many people. Under Michigan’s clean slate laws, it is possible to set aside a first-time OWI conviction with the help of an experienced expungement lawyer.
At Mas/Stig-Nielsen, we represent clients in all types of criminal matters. We also advocate for clients hoping to move forward with their lives after a conviction through expungement. We will work with you to determine eligibility for expungement before handling the process for you. To learn more or to schedule a consultation with a Traverse City DUI expungement attorney, give us a call at (866) 985-4287 or fill out our online contact form.
