How To Get A DUI Expunged In Michigan

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DUI Expungement Michigan Now Possible, Thanks to New Law

Thanks to new bipartisan legislation, DUI expungement in Michigan is now possible. This article covers how to get a DUI expunged in Michigan.

On August 23, 2021, Governor Gretchen Whitmer signed House Bills 4219 and 4220, which will allow an estimated 200,000 people with one (1) drunk driving conviction to seek to eliminate it from their criminal record.

Below, we outline everything you need to know so that you can expunge your DUI conviction as soon as possible.

Need to expunge your DUI conviction? Want to get it right the first time? Request a free consultation now.

Who Can Expunge Their Record?

With a few exceptions, anyone who received one (1) DUI conviction in Michigan is now eligible to apply for expungement. Before applying, however, at least five (5) years must pass since your probationary term ended.

The latest bills now include guidance for judges. They can consider whether you’ve benefited from rehabilitative/educational programs, had criminal convictions since your DUI conviction, and much more.

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What Doesn’t Qualify for DUI Expungement Michigan?

As stated above, only DUI first time offenders are eligible under this new expungement law.

This means that anyone with two (2) or more DUI convictions doesn’t qualify for expungement at this time. Subsequently, any DUI convictions causing serious injury or death aren’t eligible.

Additionally, DUIs that occurred when driving a commercial motor vehicle with a commercial driver license (CDL) aren’t eligible for expungement.

Why Should I Expunge My DUI Conviction?

DUI convictions will never be eligible for automatic expungement. Therefore, you must apply to expunge it.

DUI expungement recipients enjoy the wide benefits of a clear criminal record, which include:

  • Higher Wages
  • Better Housing
  • Lower Insurance Rates
  • Access to Student Loans
  • Concealed Pistol License (CPL) Eligibility

Despite these benefits, nearly 95 percent of people eligible for expungement don’t even apply. Why?

Because of the lack of knowledge about expungement law, and the complex process that awaits.

Need to expunge your DUI conviction? Want to get it right the first time? Request a free consultation now.

The Complex Expungement Process: How to Get A DUI Expunged in Michigan?

The DUI expungement Michigan process is very rigorous and time-consuming.

The steps involved include obtaining your record, getting fingerprinted, notarizing your application, and much more.

  1. Gather Records
  2. Fill Out Application
  3. Obtain Fingerprints
  4. Sign Application and Notarize It
  5. Make Copies
  6. File Application
  7. Mail Copies
  8. Complete Proof of Service
  9. Prepare for Hearing

How do I expunge DUI from my criminal record

If you make any sort of mistake on these documents, you must wait three (3) years before applying again.

Why Should I File for DUI Expungement Now?

While these measures won’t go into effect until February 23, 2022, we can help you start the expungement process right now.

The expungement process, how to get. a DUI expunged in Michigan, is lengthy and complex.

However, we can help get everything sorted, so that you can file your expungement application as soon as the law goes into effect.

There’s already extraordinary demand due to the new expungement laws, and this new legislation is sure to lead to a bigger backlog.

Our firm classifies DUI expungement cases as high-priority. We know how important this is for you and your family’s future.

If you choose a law firm without expungement experience, your application may be denied, which means waiting at least three (3) years before applying again.

We’ve handled hundreds of expungement cases over the years with extraordinary success. That’s because when you hire us, you hire our entire team.

We’re staffed with the best criminal defense attorneys in Michigan, who are supported by several paralegals, administrative assistants, and even a driver.

Furthermore, your chances of getting the result you want and when you need it increase significantly when you hire us.

The longer you wait, the longer it will take to clean your record and live the life you want and deserve to live.

If you’re interested in expunging your one-time DUI conviction off your record, fill out this form.

Our criminal defense team will contact you within the next business day to review your eligibility and determine a plan moving forward.

Need to expunge your DUI conviction? Want to get it right the first time? Request a free consultation now.

Can I Get a DUI Expunged? Top 10 Most Commonly Asked DUI Expungement Questions

MI DUI Expungement FAQs

1. What Offenses Count For DUI Expungement?

The 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:

WATCH: DUI Expungement in Michigan: Top 10+ Commonly Asked Questions

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.

Additionally, 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. 

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.

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, you 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. 

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.

Barton Morris
Barton Morris has been providing high-quality legal representation in the area of state and federal criminal defense for more than 20 years.
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