Understanding Expungement Eligibility for Second OWI Offenses in Michigan: Alternatives When You Can't Expunge

What Is Expungement in Michigan?

Expungement—officially called "set aside of conviction" under Michigan law—is a legal process that allows certain criminal convictions to be removed from your public record. Once a conviction is expunged, it is no longer accessible through a standard background check, making it easier to obtain employment, housing, and professional licenses.

However, expungement does not automatically erase your record from law enforcement databases. Courts, prosecutors, and police agencies retain access to the case history. Still, for most practical purposes—such as job applications—an expunged record provides significant relief.

Michigan’s expungement laws are governed primarily by Michigan Compiled Laws (MCL) 780.621 through 780.624. Recent changes under the "Clean Slate" legislation have expanded eligibility, but not all offenses qualify—especially OWI-related ones.

Understanding OWI in Michigan

Under MCL 257.625, Operating While Intoxicated (OWI) covers a range of alcohol and drug-related driving offenses, including:

• OWI (Operating While Intoxicated): Having a blood alcohol content (BAC) of .08 or higher or showing visible signs of impairment.
• Operating With Any Presence of a Controlled Substance: Driving with drugs—illegal or certain prescription medications—detected in your body.
• OWVI (Operating While Visibly Impaired): Driving when alcohol or drugs impair your ability to operate safely, even if your BAC is below the legal limit.
• OWI–High BAC “Super Drunk”: Driving with a BAC of .17 or greater, which carries enhanced penalties.

Michigan law treats repeat offenders harshly. For a second OWI within seven years, you face mandatory license revocation, increased fines, potential jail time, and ignition interlock requirements after reinstatement. The criminal record created by this conviction can be a lasting burden—but clearing it is not always possible.

Are OWI Convictions Eligible for Expungement in Michigan?

Until recently, all OWI convictions were completely ineligible for expungement. That changed on February 19, 2022, when Michigan’s Clean Slate Act was updated to allow expungement of a first-time OWI under certain conditions. While this was a significant step forward, second and subsequent OWI offenses remain excluded.

Expungement Eligibility for First OWI Offense

Under the amended law (MCL 780.621(3)), a person may petition the court to expunge one and only one OWI offense, provided:

• It was a first-time OWI offense (no prior or later convictions for similar conduct).
• It was not part of an accident that caused serious injury or death.
• At least five years have passed since completing the sentence, probation, or any term of incarceration.

The law permits the expungement of a first-time violation for operating under the influence of alcohol, operating while visibly impaired, operating with a high BAC, or operating under the influence of drugs.

Why Second OWI Offenses Are Not Eligible

Michigan’s legislature made a deliberate policy decision to limit OWI expungement to first offenses only. The reasoning is to preserve public safety and maintain accountability for repeat impaired drivers. Therefore, if you have two or more OWI convictions—even if they occurred a decade apart—you cannot currently expunge either offense.

In plain terms: As of 2024, second OWI convictions in Michigan are not eligible for expungement. This applies regardless of how much time has passed or whether you’ve maintained a clean record since.

Legislative changes in the future could potentially alter this rule, but as of today, Michigan courts cannot set aside a second OWI conviction through expungement.

How the Clean Slate Laws Changed OWI Expungement

The Michigan Clean Slate initiative was designed to give rehabilitated individuals a second chance. It automated the expungement of certain low-level misdemeanors and some non-violent felonies after specified waiting periods. However, OWI convictions, even first-time ones, are not part of the automatic expungement program—you must file a formal application and attend a court hearing.

Most importantly, the Clean Slate laws specify categories of offenses that can never be automatically or manually expunged, including:

• Felony convictions punishable by life imprisonment.
• Human trafficking, child abuse, and sex crimes.
• Second or subsequent OWI or similar driving offenses involving impairment or intoxication.

Because impaired driving is viewed as a public safety risk, only limited relief is provided for those with a single OWI incident.

Alternatives When You Cannot Expunge a Second OWI

If you’re not eligible to expunge a second OWI, that doesn’t mean you’re out of options. There are practical and legal ways to reduce the long-term impact of your record and protect your future opportunities.

1. Driver’s License Restoration

After a second OWI within seven years, your driver’s license is revoked—not just suspended. That means it will not automatically come back when your revocation period ends. You must apply for a driver’s license restoration hearing through the Michigan Secretary of State’s Office of Hearings and Administrative Oversight.

At that hearing, you must prove by clear and convincing evidence that your alcohol or drug problem is under control and likely to remain that way. Demonstrating sobriety, treatment participation, and a stable lifestyle can go a long way. While a restoration hearing won’t erase the conviction, regaining your driving privileges is often the most critical step toward rebuilding your life.

2. Seeking Record Sealing or Limited Access Relief

While Michigan does not have traditional "record sealing" for criminal cases, some employers and licensing boards have discretion in how they use criminal history information. An attorney can assist in preparing a disclosure statement or mitigation report that explains your rehabilitation and provides official records of compliance, treatment, and clean time since the conviction.

3. Applying for Clemency or a Pardon

Although rare, the Governor of Michigan has the authority to issue pardons. A pardon effectively forgives the offense, restoring rights and potentially allowing expungement thereafter. Pardons for OWI cases are not common, but long-term sobriety and significant community contributions may make a strong case.

4. Employer and Professional Licensing Strategies

Some professionals, including nurses, teachers, and commercial drivers, must disclose criminal convictions to licensing boards. A knowledgeable attorney can advise how to self-report your record honestly while emphasizing your rehabilitation, preventing unnecessary license or employment loss.

5. Character and Community Evidence

For those dealing with ongoing stigma from multiple OWI convictions, demonstrating ongoing recovery and responsible conduct matters. Letters from employers, sponsors, or treatment providers can be used in professional or legal proceedings to show consistent good character.

Why Hiring an Experienced Michigan OWI Attorney Matters

Even though expungement may not be an option for your second OWI, having the right attorney can still make a huge difference. A skilled lawyer can identify procedural issues, explore ways to minimize consequences, and help you through driver’s license restoration or other administrative hearings.

For example, at Boria Law, we have successfully helped clients regain their driver’s licenses, navigate probation violations, and manage background check disclosures in a way that lessens the long-term damage of a past conviction.

Attorney Aaron J. Boria’s practice is focused on criminal defense throughout Michigan, including OWI and related offenses. You can learn more about how our firm handles these matters and other Michigan criminal defense issues by visiting our criminal defense page.

How to Move Forward After a Second OWI Conviction

Life after a second OWI conviction can feel overwhelming, but progress is possible. The key is taking proactive steps to demonstrate accountability and rehabilitation. Here’s a general roadmap:

• Complete all court-ordered conditions such as probation, treatment, fines, and community service.
• Document your sobriety—keep records from AA meetings, treatment programs, and breath or drug testing, if applicable.
• Maintain a clean criminal record and consistent employment to show long-term stability.
• Apply for license restoration as soon as you are eligible, typically after one year of revocation for a second offense.
• Work with an experienced attorney who understands both court procedures and the Secretary of State’s administrative requirements.

Taking these steps not only shows your growth but also helps mitigate the practical impact of your record when applying for jobs, housing, or professional opportunities.

Will Michigan Ever Allow Expungement for Second OWI Convictions?

There’s ongoing discussion among lawmakers and advocates about expanding expungement eligibility. The argument is that individuals who have demonstrated long-term sobriety and community rehabilitation should have a chance at a clean slate, even after a second offense.

However, no active legislation as of 2024 proposes allowing expungement for multiple OWI convictions. Until such reform occurs, Michigan’s current law clearly prevents courts from setting aside second or subsequent OWIs.

That said, proposed updates to how administrative and employment background checks interpret non-expungable convictions could give limited relief in the future by narrowing what employers can consider after a long period of good behavior.

Get Help from an Experienced Michigan OWI Attorney

If you are dealing with a second OWI conviction and want to explore options for driver’s license restoration, background impact reduction, or any other post-conviction relief, an experienced lawyer can guide you. Every case is unique—especially when your past includes multiple offenses—and getting proper legal counsel can save time, money, and frustration.

Call Aaron J. Boria today at (734) 453-7806 or visit our office to schedule a free consultation. We’ll review your case, clarify your options, and help you take the next step toward rebuilding your life after an OWI.

If you can’t expunge, that doesn’t mean you can’t move forward—and we’ll help you find the best path to do exactly that.