Can DUI Expungement Give You a Fresh Start for 2026?

Understanding DUI Expungement in Michigan

For a long time, Michigan law prohibited anyone convicted of a DUI from seeking expungement. That meant a single mistake could follow someone around for the rest of their life, potentially affecting employment, housing, insurance rates, and even professional licensing. But in 2021, that changed under Michigan’s “Clean Slate” initiative, a sweeping reform aimed at giving people second chances.

As of February 19, 2022, Michigan residents became eligible to apply for expungement of their first-time OWI conviction, provided they meet specific eligibility requirements. This includes charges for:

• Operating While Intoxicated (OWI): Driving with a BAC above the legal limit or while impaired by alcohol or drugs.
• Operating While Visibly Impaired (OWVI): Driving with noticeable impairment, even if BAC is below 0.08.
• Operating With a High BAC (Super Drunk): Driving with a BAC of 0.17 or higher.
• Operating with the Presence of a Schedule 1 Controlled Substance: Involving impairment from certain narcotics or other illegal drugs.

If you were convicted of any of the above offenses and it was your first DUI, you might qualify to have the conviction set aside under Michigan’s expungement law. However, there are strict rules on timing, eligibility, and judge discretion that you need to understand.

Who Is Eligible for DUI Expungement in Michigan?

Under MCL 780.621d, only one OWI conviction in a person’s lifetime may be eligible for expungement. Eligibility generally depends on three main factors:

1. The conviction must be for a first offense OWI-related charge (no prior DUI convictions).
2. At least five years must have passed since the completion of your probation, jail term, and other conditions of sentence.
3. You must not have any pending criminal charges or subsequent convictions during that waiting period.

Not all DUI offenses can be expunged. Michigan law specifically excludes the following:

• OWI causing death or serious injury under MCL 257.625(4) or (5).
• OWI committed while operating a commercial motor vehicle.
• Second or subsequent DUI/OWI convictions.

It’s also important to know that even if you meet the eligibility requirements, expungement is not automatic. The judge has discretion to approve or deny your petition after considering factors such as your behavior since the conviction, rehabilitation efforts, and community involvement.

The DUI Expungement Application Process

Getting a DUI expunged in Michigan involves several steps, each of which must be followed carefully. A mistake or omission can result in significant delays—or denial.

Step 1: Obtain Your Criminal Record

First, you’ll need a certified copy of your conviction record from the court where your case was handled. You also must request a criminal history report from the Michigan State Police (MSP), which includes fingerprints. The report confirms your eligibility for expungement.

Step 2: Complete the Application

Once you’ve verified your eligibility, you can complete the Application to Set Aside Conviction (Form MC227). Be sure to include the docket number, conviction date, and other required details. Michigan courts will not accept incomplete applications.

Step 3: Serve Required Parties

You must serve copies of the completed application and criminal record to several parties:

• The Michigan Attorney General.
• The county prosecutor where you were convicted.
• The Michigan State Police.

Each recipient reviews the application and has the opportunity to file an objection or response.

Step 4: Schedule and Attend the Hearing

After proper notice and review, a court hearing is scheduled. During this hearing, the judge will examine whether setting aside the conviction is “consistent with the public welfare.” Factors such as time since conviction, evidence of rehabilitation, and community contributions are key.

Step 5: Judge’s Decision

If granted, the court will issue an order setting aside your DUI conviction. The Michigan State Police then update your criminal record to reflect the expungement. This means the conviction will no longer appear in most background checks, giving you a clean slate moving forward.

What DUI Expungement Does—and Does Not—Do

Many people mistakenly assume that expungement means their DUI never existed. While expungement offers major benefits, it’s important to understand its legal limits.

Once expunged, your record is generally sealed from public view. That means employers, landlords, and most licensing agencies will not see it. However, there are exceptions. The record can still be accessed by:

• Law enforcement agencies and courts for future criminal proceedings.
• Licensing boards that require disclosure of all convictions, such as for law, healthcare, or teaching licenses.
• The Michigan Secretary of State for driver record purposes.

In other words, even if your DUI is expunged, it remains on your driving record with the Secretary of State. This means that it may still count if you are ever charged with another DUI in the future. Expungement does not reset prior offenses for driver’s license purposes.

Benefits of a DUI Expungement in Michigan

For many people, having their DUI expunged feels like a massive weight lifted. Let’s review the most significant benefits.

1. Improved Employment Opportunities

Most job applications include background checks that reveal criminal convictions. Having your record cleared through expungement means potential employers won’t see your DUI, which can drastically improve your chances of getting hired.

2. Better Housing and Insurance Options

Landlords and insurance companies often review criminal histories. Expungement can make it easier to get approved for housing and may even help reduce auto insurance rates over time as your record appears cleaner.

3. Restoration of Reputation and Peace of Mind

Perhaps the most valuable benefit is knowing you’ve moved forward from a mistake. Michigan’s expungement law recognizes that people can change, and that one poor decision years ago shouldn’t permanently hold you back.

4. Community and Social Benefits

Expungement can also open doors for volunteering, professional licensing, and other opportunities that often require a clean record. Many former clients describe it as the moment they finally feel “free” again.

What to Expect for DUI Expungement Moving Into 2026

As Michigan approaches 2026, the Clean Slate law continues to evolve. Lawmakers have expressed ongoing support for expanding expungement access and streamlining the process. There’s also been discussion about automatic expungements for certain misdemeanor offenses—though DUI expungement still requires a formal application and court approval.

Technological improvements are expected to make expungement more accessible, including digital applications and simplified forms. Still, because DUI expungement is treated differently than most offenses, it’s best handled with legal help to ensure full compliance with both statutory and procedural rules.

Why You Need an Experienced Michigan DUI Attorney

Applying for expungement can be confusing. While it may seem like a simple form, every case is unique, and the success of your application often depends on presentation and preparation. Judges have wide discretion—and that means how your attorney explains your progress since the conviction can make a significant difference.

A knowledgeable attorney will:

• Confirm your eligibility under Michigan law.
• Prepare the detailed paperwork and ensure proper service to all required agencies.
• Craft a persuasive narrative highlighting your rehabilitation and community contributions.
• Represent you at the hearing to maximize your chance of success.

Because of how complex expungement laws are, the right representation can be life-changing. If you are ready to clear your record and move forward, contact Michigan criminal defense lawyer, Aaron J. Boria today.

Call (734) 453-7806 today or visit criminal lawyer Aaron J. Boria’s site to learn more about how our office can help you navigate every step of your Michigan DUI expungement case.

Real-World Examples of DUI Expungement Success

We’ve seen firsthand how expungement changes lives across Michigan. One client was convicted of OWVI nearly 10 years ago after a college mistake. They completed probation, avoided further trouble, and built a successful career in software engineering. After our firm helped them get their record set aside, they were finally eligible for a professional license that had been out of reach for years.

Another client, a nurse, had an OWI from 2015. Despite excellent performance at work, the conviction kept her from advancing into management. Once her expungement was granted in 2023, the restriction was gone—and within months, she was promoted.

These stories underline a central truth: Michigan’s expungement law exists because the justice system recognizes growth and change. People deserve the chance to rebuild and move forward confidently.

Common Questions About DUI Expungement in Michigan

Can a second DUI ever be expunged?

No. The current law allows expungement of only one lifetime DUI or OWI-related conviction. If you have multiple DUI convictions, you are not eligible for expungement at this time.

How long does the process take?

It varies by county and court workload. Most expungement cases take between 3 to 9 months from the time of application to the final court order, assuming all documents are properly filed.

Will my record be completely clean?

For most practical purposes, yes. Once the conviction is set aside, it won’t appear in background checks for employment or housing. However, as mentioned earlier, law enforcement and certain state agencies can still view sealed records for official use.

What if I had my license suspended because of the DUI?

Expungement does not affect driver’s license suspensions or reinstatement processes. Those are handled separately by the Michigan Secretary of State. However, having a clean criminal record may still help in restoring your personal and professional reputation.

Get Professional Legal Help for Your Michigan DUI Expungement

If you’re looking ahead to 2026 and wondering whether a DUI expungement can finally give you that clean slate you’ve been working for, the answer may be yes—but only if it’s handled correctly. Michigan’s expungement process has technical requirements that can be overwhelming without guidance.

Attorney Aaron J. Boria has helped clients all over Michigan successfully set aside their OWI convictions and start over with confidence. With years of experience in criminal defense and a thorough understanding of Michigan’s expungement laws, our office can guide you every step of the way.

Don’t let a past mistake define you any longer. Call (734) 453-7806 today to schedule a free consultation and find out how to get started with your Michigan DUI expungement for 2026.

Conclusion

Michigan’s approach to DUI expungement reflects a growing commitment to rehabilitation and second chances. If you have worked hard to rebuild your life after a DUI conviction, expungement may finally allow you to move forward—free from the cloud of your past. With good preparation, patience, and the help of a skilled lawyer, you can take advantage of this opportunity and begin 2026 with a truly fresh start.

The road to expungement begins with taking action. Start with a consultation, confirm your eligibility, and make 2026 the year you put your record—and that chapter of your life—behind you for good.