Michigan introduced new expungement laws earlier this year, you may be wondering, “can I get a DUI expunged?”
Below, we outline the 10 most common questions we receive about DUI/OWI expungement from clients.
Are you interested in applying for expungement? Request a free consultation now. 1. What Offenses Count For DUI Expungement?
new DUI expungement law covers all operating while intoxicated (OWI) offenses, operating while visibly impaired offenses (OWVI) or any other offense involving a motor vehicle while impaired by either alcohol or a controlled substance.
Like any law, there are exceptions to the eligibility for expungement, such as: 2. Can I Expunge Two (2) Or More DUIs?
As of right now,
only those with . one (1) operating a motor vehicle under the influence offense on their record are eligible for expungement
For instance, if there’s one (1) DUI and one (1) OWVI on your record, you aren’t eligible for expungement.
Are you interested in applying for expungement? Request a free consultation now. 3. What Is The Waiting Period for Expunging My DUI?
The waiting period for an OWI expungement conviction is five (5) years from the end of your sentence.
For instance, if that sentence is jail time, then you have to wait five (5) years after your release before you can apply.
DUIs don’t qualify for automatic expungement at this time.
This also includes the payment of any fines or other conditions required of your sentence.
Those must be completed before you can start counting the five-year waiting period. 4. Do Other Offenses Matter When Applying for DUI Expungement?
As stated above, OWI and OWVI are considered first OWI offenses under the law.
Therefore, you can only have one (1) of those offenses on your record to be eligible for expungement.
A second DUI offense will make you ineligible, as the DUI expungement law is still subject to the other requirements of the full expungement statute.
This also means that if you have more than three (3) felonies, you’re not eligible for expungement.
However, if you have three (3) or fewer eligible felonies and any number of misdemeanors, you’re still eligible to apply for expungement.
Are you interested in applying for expungement? Request a free consultation now. 5. What About An “Out-of-State” DUI Conviction?
Out-of-state convictions are counted towards your number of convictions under the DUI expungement law.
For instance, if you only have one (1) DUI in Michigan but another DUI in Florida, you’re ineligible to expunge your record. 6. Does Expunging My Criminal Record Also Remove the DUI From My Driving Record?
Michigan DUI expungement only removes the offense from your criminal record.
Therefore, it remains on your Secretary of State (SOS) driving record.
However, most employers only look at your criminal record when they’re deciding whether or not to hire you, which is why expungement leads to approximately 25% in higher wages.
Are you interested in applying for expungement? Request a free consultation now. 7. Will Expunging My DUI Allow Me to Apply for a CPL/CDL?
Since DUI expungement removes the conviction from your driving record, you may still be ineligible to apply for a Commercial Driver License (CDL).
Additionally, y ou can apply for a Concealed Pistol License (CPL) once you expunge your criminal record of any felonies .
If you have any misdemeanors (aka DUI 1st offense) on your record eligible for expungement, you can also apply for your CPL sooner rather than later. 8. How Long Does It Take to Get a Hearing for DUI Expungement?
DUI expungement hearings rely entirely on the availability of the court.
Typically, courts will schedule expungement hearings anywhere from three (3) to six (6) months out.
As with the previous expungement rules, there’s already an overwhelming number of applications hitting the courts.
Furthermore, the earlier that you apply, the sooner your hearing will occur and the sooner your DUI conviction will erase from your record.
Are you interested in applying for expungement? Request a free consultation now. 9. Will I Need to Attend the Court Hearing for DUI Expungement?
Yes, you must attend the hearing as well.
The judge has the opportunity to ask you questions about your life since the conviction, as well as the facts and circumstances of the conviction itself.
This is something your attorney should prepare you for.
Additionally, they will attend the hearing with you.
This is so that you’re prepared to answer all the questions in the best way possible to get the outcome you desire. 10. Why Should I Apply for Expungement?
While getting a DUI expunged may seem costly, keep in mind that the consequences of your conviction are much more expensive.
It’s expensive not to
have a driver’s license, and it’s expensive to have a DUI conviction on your record.
Statistics show that someone with a criminal record is less likely to earn a well-paying job.
Therefore, the cost of expungement is relatively low compared to the cost of a conviction on your record.
To get started, an experienced and proven criminal defense attorney should review your criminal history.
While this typically costs $10 per record, our team will pull your criminal record at no cost to you.
The longer you wait, the longer it will take to clean your record and live the life you want and deserve to live.
Are you interested in applying for expungement? Request a free consultation now.