DUI expungement is not easy, but it is beneficial. The process can be costly and timely, but it is worth it to avoid the lifetime repercussions of having a DUI on your criminal record. Continue reading to learn more details on Michigan DUI expungement.
Who is Eligible?
The only people who are allowed to expunge their first offense DUIs are the ones who have only received one DUI offense. This includes:
- Operating with a combination of alcohol and drugs
- OWI with high BAC
- Allowing an intoxicated person to operate a vehicle
- Minor with any BAC
- Operating with the presence of a controlled substance conviction
Who is Not Eligible?
People who have previously had a first offense expunged are not allowed to expunge another DUI offense. You are only allowed one DUI expungement in your lifetime. If you are convicted of a misdemeanor or felony in the waiting period listed below, you are ineligible for expungement.
- OWI/OWVI causing serious impairment of a bodily function
- OWI/OWVI combination causing death
- OWI with a child under 16 years old in the car
- OWI in a commercial vehicle
There is a 5-7 year waiting period for first offense OWI expungements. Most first offense OWI expungements are available after five years. However, cases where there are multiple felonies involved require a seven-year waiting period.
Successful Michigan DUI Expungement
A successful expungement will remove the conviction from a defendant’s criminal record. Since there are numerous consequences to having a DUI on your record, most people attempt to have them expunged. Although, even after a successful expungement, the state of Michigan will keep a non-public record for police, prosecutors, probation officers, and judges to use.