Can You Expunge a DUI or OWI in Michigan? A Complete Guide to What the Law Allows

Overview of Expungement in Michigan

Expungement, or what Michigan law calls “setting aside a conviction,” is the process of removing a criminal conviction from your public record. Once a conviction is set aside, it no longer appears in background checks conducted by most employers or landlords. The record still exists for law enforcement and specialized licensing purposes, but for most practical purposes, the conviction is treated as if it never happened.

Michigan’s expungement law is found in MCL 780.621 and related sections. Over the years, lawmakers have amended this statute to expand what types of convictions can be set aside. The most significant changes came with the Clean Slate Act, which went into effect in April 2021 and continued evolving through subsequent updates in 2023 and 2024.

The Michigan Clean Slate Act and DUI Expungements

Before 2021, DUI and OWI offenses were specifically excluded from expungement. That changed under the Clean Slate legislation and a key follow-up signed by Governor Whitmer in 2021. This law allowed individuals convicted of a first-time OWI offense to apply to have their conviction set aside under certain conditions.

The law covers a variety of drinking and driving offenses that fall under MCL 257.625 of the Michigan Vehicle Code, including:

• Operating While Intoxicated (OWI)
• Operating While Visibly Impaired (OWVI)
• Operating with an Unlawful Blood Alcohol Level (UBAL)
• Operating Under the Influence of Drugs (OUID)
• Operating While Impaired by Controlled Substances

However, eligibility is limited. Only one offense may be set aside, and only if it meets the legal requirements described below.

Eligibility to Expunge a DUI or OWI in Michigan

To qualify for expungement of a DUI or OWI conviction in Michigan, several requirements must be met. Here’s a breakdown of what the law requires as of 2024:

1. Only One Lifetime DUI/OWI Offense

The most critical limitation is that only individuals with a single DUI or OWI conviction on their record are eligible. If you have multiple drinking and driving convictions, even if they were decades apart, you are not eligible to have any of them set aside under current law.

2. At Least Five Years Must Have Passed

At least five years must pass after the date you completed all court-imposed conditions — this includes probation, jail time, and any license sanctions. The five-year clock starts running after you have fully complied with your sentence.

3. No Pending Criminal Charges

To qualify, you cannot have pending criminal charges at the time of your expungement application. The court will check for outstanding warrants or ongoing cases before considering your petition.

4. The Conviction Must Not Involve Serious Injury or Death

Convictions for operating while intoxicated causing serious injury or death are not eligible for expungement. These serious felony offenses remain permanently on an individual’s record, even under the Clean Slate reforms.

5. Certain Occupations and Licensing Considerations

Even if your DUI is set aside, some government agencies, courts, and professional licensing boards will still be able to see the expunged conviction. This includes the Michigan State Police, who maintain nonpublic records for law enforcement purposes and for use by certain employers, such as law enforcement agencies, the courts, and the Department of Corrections.

Offenses Ineligible for Expungement

While the law opened the door for many people to clear their records, there are specific situations where a DUI or OWI cannot be expunged. Under MCL 780.621, the following types of OWI convictions are excluded:

• OWI Causing Death – MCL 257.625(4)
• OWI Causing Serious Injury – MCL 257.625(5)
• Operating with a Commercial Driver’s License (CDL) or in a Commercial Vehicle Under the Influence
• Any subsequent OWI or multiple-offense pattern involving alcohol or drugs

If you were convicted of any of these offenses, you cannot apply for expungement under current Michigan law. That said, lawmakers have revised expungement statutes several times over the past decade, so continued legislative changes are always possible.

The Expungement Process for a Michigan DUI

The expungement process for an OWI or DUI in Michigan is similar to that for other criminal convictions, but with special requirements. Below is a general overview of the steps involved:

1. Obtain Your Criminal Record

You must begin by obtaining your official Michigan criminal history from the Michigan State Police. This report includes your fingerprints and a list of all convictions tied to your name and date of birth.

2. Complete the Application to Set Aside Conviction

You will need to file Form MC227 – Application to Set Aside Conviction. This form requests identifying information, conviction details, and certification that you have met all eligibility requirements.

3. Fingerprinting Requirement

You must be fingerprinted as part of your application. The Michigan State Police will then distribute copies of your fingerprints, along with your application, to the Attorney General’s Office and the prosecuting attorney for the jurisdiction where the conviction occurred.

4. Serve Copies on the Proper Agencies

Copies of your petition must be served to the Michigan State Police, the Attorney General, and the prosecutor. The prosecutor may respond in writing to indicate whether they oppose your expungement request.

5. Court Hearing

Once all documents have been filed properly, a hearing will be scheduled in the court where your conviction took place. During the hearing, the judge will review your petition, any written responses, and the details of your case. Your attorney may present evidence of good behavior, rehabilitation, and compliance with all sentencing terms.

6. Judicial Discretion

Unlike some other expungement procedures that may be automated under the Clean Slate Act, DUI expungements are not automatic. A judge has full discretion to grant or deny your petition. The court will consider multiple factors, including your criminal history, community involvement, and the nature of the original offense.

7. If Approved

If your petition is granted, the Michigan State Police will update your record to remove the conviction from public view. You will receive a certified order from the court confirming that your conviction has been set aside. Employers and landlords conducting background checks through consumer reporting agencies will no longer see the expunged offense.

Benefits of Expunging a DUI

Having a DUI or OWI on your criminal record can affect nearly every area of your life. Setting it aside offers significant advantages, including:

• Employment Opportunities: Employers generally cannot consider an expunged record during hiring.
• Professional Licensing: For some professions, clearing your record may improve your standing or help reinstate a license.
• Housing: Landlords will typically not see an expunged conviction in background checks.
• Peace of Mind: Knowing your record no longer defines you can be an enormous personal relief.

Limitations and Important Considerations

Even if a DUI or OWI conviction has been expunged, certain situations still allow law enforcement or agencies to see your record. For instance, courts can view expunged convictions if you are later charged with a new offense. Insurance companies may also continue to access prior driving records maintained by the Michigan Secretary of State.

Additionally, expungement does not restore your driver’s license if it was suspended or revoked. License restoration is a separate process handled by the Michigan Secretary of State Driver Assessment and Appeal Division (DAAD). You may need to file for license restoration before or after your expungement, depending on your circumstances.

For help restoring a driver’s license suspended due to multiple alcohol-related offenses, consult a Michigan defense lawyer familiar with DAAD hearings.

Is DUI Expungement Automatic Under the Clean Slate Law?

No. As of 2024, DUI and OWI offenses are not part of the automatic expungement system under the Clean Slate Act. While many misdemeanors and even some felonies can be cleared automatically after a waiting period, DUI-related offenses still require a formal court petition and hearing.

The main reason for this difference is that first-time OWI expungement was created as a separate law, giving judges direct control over whether to set aside each conviction. This individualized review helps ensure public safety while offering a second chance to those who have made genuine changes in their lives.

Why You Should Hire a Michigan Expungement Lawyer

Michigan expungement laws are complex. While you can technically file on your own, working with an experienced criminal defense attorney gives you the best chance of success. A lawyer can ensure your petition is completed correctly, gather evidence of rehabilitation, and present your case effectively at the hearing.

Judges are far more likely to grant expungements when they see that the petitioner understands the seriousness of their offense and has taken meaningful steps toward rehabilitation — evidence a seasoned attorney will know how to highlight.

If you are considering a DUI or OWI expungement in Michigan, contact criminal defense lawyer Aaron J. Boria for experienced and personalized guidance. Call (734) 453-7806 today for a free consultation.

Future of DUI Expungement in Michigan

Michigan’s Clean Slate law represents a major shift in how the state views second chances. Lawmakers have already expanded expungement opportunities several times, and more revisions are possible. For many individuals who made a single mistake years ago, this law provides a well-deserved opportunity for redemption.

Watching legislative updates is important because additional classes of crimes may become eligible in the future. If you’re uncertain about whether your DUI qualifies, an attorney can review your record and provide an honest assessment.

Getting Help with a DUI Expungement in Michigan

If you have a single DUI or OWI conviction and have stayed out of trouble since, you may qualify for expungement under Michigan law. Clearing your record can open up new opportunities and truly mark a fresh start. Because the process is discretionary and detailed, having the right legal help makes all the difference.

Attorney Aaron J. Boria has successfully represented clients across Michigan in DUI cases and expungement petitions. If you’re ready to move forward, call (734) 453-7806 or visit our Michigan criminal defense website for more information.

From preparing your documents to arguing before the judge, we make the process straightforward and effective. With the right guidance, a single mistake from years ago doesn’t have to define your future.

Conclusion

Expungement of a DUI or OWI in Michigan is now possible — something that was unthinkable just a few years ago. The law limits that relief to first-time offenders, but for those who qualify, it offers the chance to clear their record and rebuild their lives without the burden of a public criminal history. Remember, the process requires careful preparation, accurate documentation, and persuasive presentation before the court.

If you think you may be eligible, reach out to a qualified criminal defense lawyer to review your case. For experienced help navigating Michigan’s expungement laws, call attorney Aaron J. Boria today at (734) 453-7806.

With the right approach, you can take control of your record, your reputation, and your future.