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Michigan Criminal Defense Lawyer BlogHow to Get a DUI Expunged in Michigan
Even a single Michigan DUI conviction can cause great hardship. It creates a permanent public record. This can impact employment, insurance, sense of well-being, and many other things. If you want to have your DUI conviction in Michigan expunged, we have good news because expungement of drunk driving convictions has never been allowed in Michigan until recently.
The DUI expungement process is complex, and we recommend that you hire a lawyer to help you. Many of the steps required are covered in another article we wrote entitled, “Can a Michigan DUI Be Expunged.”
A lawyer is likely necessary because, unlike other misdemeanors and felonies, which will be automatically removed from criminal records, a detailed and at times cumbersome process is required to prepare your case for filing with the court. What may seem like small errors in the paperwork can result in the DUI in Michigan expungement being denied.
How Long After My DUI Conviction Can I File for Expungement?
It is best to speak to an attorney to help understand how the timelines will affect your specific circumstances. It’s also important to remember that DUIs are not eligible for automatic expungement.
Instead, even if you go longer than the minimum period, nothing will happen until you take the required steps to obtain an expungement.
How Many Drunk Driving Convictions Can I Have Expunged?
One and only one. The new law only allows an expungement of a “first violation operating while intoxicated offense.” It will therefore not allow a second expungement if you have already had a previous DUI offense expunged. Consequently, if granted, your DUI expungement will be a once in a lifetime thing.
The new law also only applies to the first violation you received chronologically, even if you have received multiple “first offense” DUI convictions.
What Drunk Driving Convictions Are Eligible to Be Expunged?
The following drunk driving offenses are eligible for expungement:
- Operating While Intoxicated (OWI)
- Operating While Visibly Impaired
- Allowing an Intoxicated Person to Operate a Motor Vehicle,
- High BAC or Super Drunk Driving
- Minor with any BAC (Zero Tolerance), and
- Operating with the Presence of a Controlled Substance conviction.
Drunk driving offenses not eligible for expungement include:
- Child Endangerment, also DUI with a child under 16 in the car
- DUI causing serious injury
- DUI causing death
What if I Have Had Other Charges After the DUI?
During your waiting period, you cannot have been convicted of any further crime(s), nor can you have a criminal case pending during the application for expungement. So, if you have additional charges or convictions, you will have to wait longer to become eligible again. Therefore, it is imperative that you avoid new offenses while waiting to become eligible for expungement.
The legal process and procedures necessary to successfully obtain an expungement of your first offense DUI are covered in our next article. In this article all seven of the necessary steps are discussed.
What Are the Benefits of a Michigan DUI Expungement?
There are many benefits to having your first offense DUI conviction expunged. Expungement has many benefits, but it is not a 100% solution, so it’s important to understand what expungement is and is not. Be sure to discuss this with your lawyer before you get started.
Historically, one of to most damaging consequence of all Michigan Operating While Intoxicated convictions was that it created the permanent stain of a criminal record. Thankfully, for many persons previously convicted of drunk driving, that permanent stain can be removed. And make sure you hire the right attorney, because, in the words of Michigan’s own Eminem, “You only get one shot” to have your drunk driving conviction expunged.
If you believe you believe the expungement law applied to you, and would like to start the process of filing the expungement application to clear your prior Michigan DUI conviction, call the criminal defense DUI expungement attorneys at the Barone Defense Firm for a free consultation.
Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.