FAQ: Michigan Drunk Driving Expungement - Hiring an Attorney for Set Aside in Michigan

1. What is drunk driving expungement in Michigan?
Drunk driving expungement in Michigan refers to the legal process of removing a first-time Operating While Intoxicated (OWI) conviction from an individual's criminal record, making it non-visible to public searches and certain background checks.

2. Who is eligible for DUI expungement in Michigan?
You're eligible for DUI expungement in Michigan if you have a single OWI conviction that is your first offense, it did not cause injury or death, and it is not a commercial driving offense. Eligibility now extends under new laws to include certain traffic offenses and misdemeanor marijuana convictions.

3. How long do I have to wait to apply for DUI expungement in Michigan?
For a first-time OWI offense, you must wait five years from the completion of your sentence, including probation or jail time, before applying.

4. Can multiple DUI offenses be expunged in Michigan?
No, only first-time OWI offenses are eligible for expungement in Michigan. Multiple DUI offenses do not qualify under the current expungement laws.

5. Are there any offenses that cannot be expunged in Michigan?
Yes, offenses that cannot be expunged in Michigan include those punishable by life imprisonment, assault with intent to commit criminal sexual conduct, child sexually abusive material or activity offenses, certain domestic violence and criminal sexual conduct charges, human trafficking-related offenses, and terrorism-related offenses.

6. What is the “One Bad Night” provision in Michigan's expungement law?
The "One Bad Night" provision allows for multiple convictions arising from the same incident to be treated as one conviction for the purposes of expungement. This means if you have several charges from a single event, they may collectively count as one offense in the expungement process.

7. How does the automatic expungement process work in Michigan?
The automatic expungement process in Michigan will automatically clear certain convictions from public records without the need for an application. However, this does not currently apply to DUI convictions, which require a formal application process.

8. What steps should I take to apply for a DUI expungement in Michigan?
To apply for a DUI expungement in Michigan, you should first confirm your eligibility, gather necessary documents including your criminal record and any relevant court documents, and then file a petition for expungement with the court. It is highly recommended to consult with a legal expert specializing in expungement cases to navigate the process.

9. How can a lawyer help with my DUI expungement in Michigan?
A lawyer can help by assessing your eligibility, preparing and filing the necessary paperwork, representing you in court, and advising on steps to improve your chances of expungement. Legal expertise is crucial in navigating the complexities of the law and maximizing your chances for a successful expungement.

10. What impact does DUI expungement have on my life in Michigan?
DUI expungement can significantly impact your life by removing barriers to employment, housing, and education opportunities. It also restores certain civil rights and helps in rebuilding your reputation, providing a fresh start and peace of mind