Can a Michigan OWI Be Expunged?
By Triton Legal PLC | Mid-Michigan Criminal Defense
For years, the answer to this question was simply no. A Michigan OWI conviction stayed on your record permanently, regardless of how long ago it happened or how much your life had changed since. That changed in 2021, when Michigan expanded its expungement law to allow certain OWI convictions to be set aside for the first time.
If you have an OWI on your record and have assumed it is there forever, it is worth revisiting that assumption. This post explains who qualifies for OWI expungement in Michigan, what the process involves, and what limitations still apply even after a successful expungement.
The 2022 Expansion of Michigan's Expungement Law
Michigan's expungement statute, MCL 780.621, governs the process for setting aside criminal convictions. For decades, OWI convictions were specifically excluded from eligibility. A person could have every other type of conviction expunged, but an OWI would remain on their record permanently.
Public Act 391 of 2020, part of a broader package of legislation commonly referred to as Michigan's "Clean Slate" reforms, expanded expungement eligibility to include OWI convictions for the first time. The legislation was signed in 2020 and 2021, but the amended provisions covering OWI expungement did not take effect until February 19, 2022.
The change reflects a recognition that a single OWI from years or decades ago does not necessarily reflect who a person is today, and that the permanent collateral consequences of that conviction including employment barriers, housing difficulties, and professional licensing problems often outlast any legitimate public safety purpose.
Who Qualifies for OWI Expungement
Michigan's OWI expungement eligibility is narrower than the general expungement eligibility for other offenses. Understanding the specific requirements is essential before you apply.
Only one OWI conviction is eligible. If you have more than one OWI conviction on your record, none of them are eligible for expungement under this provision. The law was designed for people with a single isolated incident, not a pattern of repeat offenses.
The conviction must be a standard OWI. Certain related offenses are excluded from eligibility, including OWI causing death, OWI causing serious injury, and OWI offenses involving a commercial vehicle. High BAC and OWVI convictions are generally eligible under the same framework as standard OWI, but the specific facts of your conviction matter.
A waiting period applies. Michigan law requires a waiting period after the completion of your sentence before you can apply for expungement. For a first-offense OWI specifically, the waiting period is five years — longer than the standard three-year waiting period that applies to most ordinary misdemeanors. The waiting period runs from whichever is later: the date your sentence was completed, or the date you were discharged from probation or parole.
No new convictions during the waiting period. If you have been convicted of another offense during the waiting period, the clock generally resets, and you must wait the full period again from the date of the most recent conviction.
No other pending charges. You cannot apply for expungement while you have other criminal charges pending against you.
What Expungement Actually Does
Expungement in Michigan does not erase a conviction in the sense of making it as though it never happened. It sets aside the conviction, which removes it from public view on most background checks and criminal history searches available to employers, landlords, and the general public.
Once a conviction is expunged, you generally do not need to disclose it on most job applications or housing applications, except in specific contexts described below. For most practical purposes in daily life, an expunged OWI conviction will not appear when someone runs a standard background check.
What Does Not Go Away Even After Expungement
This is the part that surprises people, and it is important to understand before deciding whether to pursue expungement.
Law enforcement and courts retain access. Expunged records are not destroyed. They remain in a nonpublic record accessible to law enforcement, courts, and certain government agencies. If you are charged with a new offense in the future, the expunged conviction can still be considered for purposes of sentencing enhancement in some circumstances, and it remains relevant to law enforcement during investigations.
Certain licensing boards may still see it. Some professional licensing boards and government agencies have access to expunged records for specific regulatory purposes, even though the general public does not. If your profession requires a state license, it is worth confirming how the relevant licensing board treats expunged convictions before assuming the issue is fully resolved.
Federal background checks may differ. Michigan expungement applies to Michigan state records. Certain federal background check processes, particularly those involving federal employment, security clearances, or immigration matters, may still reveal the underlying conviction depending on the specific federal process involved.
The Secretary of State driving record is a separate issue. Expunging the criminal conviction does not automatically remove the OWI from your driving record with the Michigan Secretary of State. The criminal expungement and the driving record are governed by different systems, and clearing one does not necessarily clear the other. If your goal includes restoring driving privileges or improving your driving record, that is a separate process, often involving a driver's license restoration hearing, and should be addressed alongside any expungement effort.
It does not undo license sanctions you have already served. Expungement is forward looking. It does not retroactively restore time you lost to a suspended license or undo fines you have already paid.
The Expungement Process
Applying for OWI expungement in Michigan involves several steps, and the process is more involved than simply filing a form.
Obtain your complete criminal history. Before filing, you need an accurate, complete record of your criminal history from the Michigan State Police. This confirms your eligibility and ensures the application accurately reflects your record.
File the application with the convicting court. The application for expungement is filed with the circuit or district court that handled the original OWI conviction. The application must include specific information about the conviction and your eligibility under the statute.
Notice to the prosecutor. The prosecuting attorney's office that handled your original case is notified of the application and has the opportunity to object. In OWI expungement cases, prosecutors sometimes object, particularly if there are aggravating circumstances in the underlying case.
A hearing is scheduled. Unlike some expungement matters that can be resolved without a hearing, OWI expungement applications typically require a hearing before a judge. At the hearing, the judge considers the application, any objection from the prosecutor, and arguments about whether expungement is in the interest of justice.
The judge's decision. Even when an applicant meets all the technical eligibility requirements, OWI expungement is not automatic. The judge retains discretion to grant or deny the application based on the circumstances of the case, your conduct since the conviction, and whether expungement serves the interest of justice. This discretionary element makes how the application is presented meaningfully important.
Why the Presentation of Your Application Matters
Because OWI expungement is discretionary even for eligible applicants, the way your application and supporting case are presented to the court can affect the outcome.
Judges considering an OWI expungement request often want to see evidence of rehabilitation and changed circumstances since the conviction: stable employment, community involvement, completion of any treatment or education programs, and a clean record in the years since. A well-prepared application that presents this evidence clearly and persuasively is more likely to succeed than a bare-bones filing that simply asserts technical eligibility.
If the prosecutor objects, having an attorney who can respond to that objection at the hearing, address the judge's specific concerns, and make the affirmative case for why expungement serves the interest of justice can make a meaningful difference in the outcome.
Should You Pursue OWI Expungement?
If you have a single OWI conviction, have completed your sentence, and the waiting period has passed, expungement is worth seriously considering. The practical benefits, particularly for employment and housing, can be significant.
The right time to start the process is as soon as you become eligible. There is no requirement to wait beyond the statutory minimum, and the sooner the conviction is set aside, the sooner you stop carrying its collateral consequences.
At Triton Legal PLC, we help clients across Bay, Midland, Saginaw, Tuscola, Arenac, Iosco, Gladwin, Clare, and Ogemaw Counties determine their eligibility for OWI expungement, prepare a complete and persuasive application, and represent them at the expungement hearing.
Call us at (989) 439-9600 or contact us online to schedule a confidential consultation.
This blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Triton Legal PLC. Every case is different. If you have questions about your specific situation, please contact a licensed Michigan attorney. Attorney advertising.