With the rise of drunk driving enforcement, more and more individuals are finding themselves with a DUI (or OWI) conviction on their record. This can cause issues with a driver’s license, employment, and travel.
Therefore, I am frequently asked if I’m an expungement attorney, or if I have the ability to seal or expunge their criminal record. Unfortunately, expungement laws have made it very clear that the answer to this question is no.
Why Can’t I Expunge My DUI?
While some states consider DUI charges eligible for expungement, Michigan does not. According to MCL 780.621(3), a person may not set aside certain convictions on their record. Specifically, MCL 780.621(3)(d) states that a person may not expunge;
“A traffic offense, including, but not limited to, a conviction for operating while intoxicated.”
Therefore, the Michigan Legislature has specifically chosen to exclude OWIs from those convictions that are eligible for expungement or record sealing. While the points assessed to your driving record will eventually go away, the conviction itself will not.
Is There Anything I Can Do to Lessen the Impact of a DUI?
Unfortunately, there isn’t much you can do to lessen the impact of an OWI conviction. Your OWI case will cause at least SOME inconvenience in your life. However, remaining out of trouble is key to putting this in the past. As weird as it may sound, many people have OWI charges on their arrest records. Doctors, lawyers, CEOs, and politicians can all receive these charges.
While the initial shock may be tough, the sanctions will pass. As long as you only have one OWI on your criminal history, 99% of your life will return to normal within a year.
(Your ability to travel to Canada will be restricted for longer than 1 year. You will need to consult with an attorney to determine your eligibility.)
However, proving to an employer that you are trustworthy and safe will only occur with an extended period of remaining out of trouble. Many employers also appreciate and commend an employee who completes probation successfully.
Hire a Criminal Defense Attorney Today
Obviously, the easiest way to avoid these issues is to hire a criminal defense attorney today who can put you into a position to beat your OWI case. While criminal charge dismissals are never guaranteed, a first offense OWI will stay on your record for life. You should invest in a defense that gives you the best shot to beat the case.
While the end outcome might be a criminal conviction, you should at least give yourself the opportunity to fight. After all, if this is the only shot you have to keep this off your record, why not put all of your resources into it?
For that reason alone, contact us today for a free consultation and case evaluation.
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”