At Fragel Law, we understand that for years, Michigan did not allow drunk driving convictions to be removed from a criminal record. That changed with the state’s Clean Slate reforms. Today, some people can ask a court to set aside one first-time OWI conviction. But there is a waiting period, and not everyone qualifies. Here is what to know about the expungement waiting period Michigan OWI law sets.
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Key Takeaways
- Here is what to know about the expungement waiting period Michigan OWI law sets.
- The Attorney General notes that a new conviction during the waiting period affects eligibility.
- The judge looks at your conduct since the conviction and whether setting it aside fits the public welfare.
- A criminal record can affect jobs, housing and education.
- Michigan limits how many convictions a person can set aside in a lifetime.
Can a First OWI Be Expunged in Michigan?
Yes, in some cases. The Michigan Attorney General explains that you may apply to remove one first-time operating while intoxicated (OWI) conviction if it did not involve injury or death and at least 5 years have passed. In Michigan, “expungement” is often called “setting aside” a conviction.
How Long Is the Waiting Period?
Under MCL 780.621d, an application to set aside one first violation OWI offense can only be filed 5 or more years after the last of these events:
- The sentence was imposed
- Probation was completed
- Parole was discharged, if it applies
- Any prison or jail term was completed
That means the clock does not always start on the day you were sentenced. If you were on probation for two years, the 5 years usually start when probation ends.
What Happens If You Get a New Conviction?
The Attorney General notes that a new conviction during the waiting period affects eligibility. Michigan law also requires that you have no pending criminal charges and no new convictions during the waiting period. Staying out of trouble is a must.
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Who Is Not Eligible?
According to the Attorney General, these are among the convictions that cannot be set aside:
- Any OWI or DUI other than a first-time offense
- Traffic offenses that caused serious injury or death
- Traffic offenses involving a commercial driver’s license (CDL)
Other crimes may also be excluded. A lawyer can review your full record.
Is OWI Expungement Automatic?
No. Michigan has an automatic set-aside process for some older convictions. But a first OWI is not set aside automatically. You must file an application with the court that handled your case. A judge then decides whether to grant it.
What Does the Judge Consider?
The judge looks at your conduct since the conviction and whether setting it aside fits the public welfare. For OWI cases, guidance from Michigan courts notes that the judge can consider whether you have benefited from rehabilitative or educational programs.
Does It Clear Your Driving Record?
This surprises many people. Setting aside an OWI conviction affects your criminal record. But under Michigan law, the OWI conviction stays on your driving record with the Secretary of State. That means it can still count for driving-related purposes.
| Question | Short answer |
|---|---|
| Can a first OWI be set aside? | Yes, if no injury or death |
| How long is the wait? | 5 years after the last sentence event |
| Is it automatic? | No, you must apply |
| Can a second OWI be set aside? | No |
| Does it leave the driving record? | No, it remains on the driving record |
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Why Does a Set-Aside Matter?
A criminal record can affect jobs, housing and education. Setting aside a conviction can open doors. It can also bring peace of mind. For many people, it marks a fresh start.
How to Prepare During the Waiting Period
- Complete all terms of your sentence and probation.
- Avoid any new charges.
- Keep records of treatment and classes.
- Keep proof of steady work or school.
- Mark the date you become eligible.
Steps to Apply When You Are Eligible
The Attorney General lists clear steps. Get a certified copy of your conviction. Fill out court form MC 227. Sign it in front of a notary. Get your fingerprints taken. File the form with the court that handled your case. Send copies to the State Police, the Attorney General and the prosecutor. Then go to your hearing. The judge will decide.
How Long Does It Take?
It can take months. The State Police must send a report. The Attorney General may respond. Then the court sets a hearing. Plan for the wait. Keep copies of every paper you file.
What If You Have Other Convictions?
Michigan limits how many convictions a person can set aside in a lifetime. Other crimes on your record can change your waiting period. They can also change what you can clear. Make a list of every case. Bring it to your lawyer. Get advice before you file. A clear plan can save time. It can also help you avoid a denial. A denied application can mean more waiting before you try again.
Common Mistakes to Avoid
- Filing too early
- Counting from the wrong date
- Assuming the driving record will be cleared
- Leaving out other convictions on the application
Plan Your Next Step
The expungement waiting period Michigan OWI law sets can feel long, but planning ahead makes a difference. Attorney Patrick S. Fragel is a former prosecutor with more than 25 years of trial experience serving Traverse City and northern Michigan. Learn more about our OWI defense work. If you have questions about your situation, call Patrick S. Fragel, Attorney at Law, P.C. at 231-933-7030 or contact the firm online for a confidential consultation.
This article is general information about Michigan law, not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and laws change. Talk with a licensed Michigan attorney about your situation.
Frequently Asked Questions
Q: How long do I have to wait to expunge a first OWI in Michigan?
A: At least 5 years after the last of sentencing, probation, parole or jail.
Q: Can I expunge a second OWI?
A: No. Only a first-time OWI can be set aside.
Q: Is OWI expungement automatic in Michigan?
A: No. You must file an application with the court.
Q: Will expungement remove the OWI from my driving record?
A: No. It stays on your Secretary of State driving record.
Q: What if the OWI caused an injury?
A: An OWI that caused injury or death cannot be set aside.
