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Understanding the Process for OWI Expungement or Sealing in Michigan
In Michigan, offenses commonly referred to as “DUI” are officially classified as OWI, or Operating While Intoxicated. If you’ve been convicted of an OWI and are wondering whether that record can be removed or hidden from public view, you’re not alone. The process of expungement—or removing a conviction from a person’s criminal record—is a topic of significant interest for those looking to move forward without the shadow of a past offense.
This article explains the process of OWI expungement in Michigan. It breaks down eligibility rules, waiting periods, limitations, and how this process differs from sealing a record. It’s written for general educational purposes only, with no legal advice or assumptions—just the facts on how Michigan handles expungement for impaired driving convictions.
If you’re trying to understand what’s possible in Michigan when it comes to clearing your record after an OWI, the sections below provide a complete overview of what the law allows—and what it doesn’t.
Michigan’s Definition of Expungement vs. Sealing
Michigan uses the term expungement, not sealing, when referring to the process of removing a conviction from a person’s public criminal record. Here’s how the two terms compare:
- Expungement: The conviction is set aside and removed from the public record. It is no longer visible in most background checks.
- Sealing: Common in other states, sealing restricts access to the record but doesn’t erase it. Michigan does not use this term in its legal framework.
When an OWI is expunged in Michigan, it is no longer visible to the public, including employers and most private background check agencies. However, the record is still accessible to law enforcement, courts, and certain government agencies under specific circumstances.
The expungement process in Michigan is available only to those who meet specific eligibility criteria, and only first-time OWI offenses are eligible.
Michigan Now Allows Expungement of a First-Time OWI
As of 2021, Michigan law was updated to permit expungement of one first-time OWI conviction. This change was part of a broader criminal justice reform effort designed to provide second chances to individuals with low-level convictions.
To qualify for OWI expungement in Michigan, all of the following conditions must be met:
- The offense must be a first OWI conviction (no prior or subsequent OWI charges).
- The offense must not have involved serious injury or death.
- At least five years must have passed since the completion of all sentencing terms, including probation and fines.
- The individual must not have any pending criminal charges at the time of application.
- Only one impaired driving offense may ever be expunged in a person’s lifetime.
This expungement applies strictly to the criminal record and does not affect the driving record, which permanently retains OWI convictions in Michigan.
How the OWI Expungement Process Works
The expungement process in Michigan involves several key steps. While individuals may file on their own, many choose to work with an attorney due to the procedural nature of the system. Here’s how the process typically works:
- Wait five years after completing all sentence requirements.
- Obtain a copy of your criminal record from the Michigan State Police.
- Complete an application for expungement (known officially as a petition to set aside conviction).
- Submit the application to the court where the original conviction occurred.
- Serve copies to the Michigan Attorney General and local prosecutor.
- Attend a hearing, if scheduled, where a judge reviews the request.
The judge has full discretion to approve or deny the petition based on the nature of the offense, evidence of rehabilitation, and public interest. If granted, the expungement order is sent to law enforcement and public records databases for update.
What Expungement Does—and Doesn’t—Do
Expungement provides important benefits for individuals seeking to move forward. However, it’s also important to understand its limits.
What Expungement Does:
- Removes the OWI from public criminal record databases
- Makes the conviction invisible to most background checks
- Improves eligibility for employment, housing, and professional licensing
- Helps reduce stigma associated with a criminal conviction
What Expungement Doesn’t Do:
- Does not remove the OWI from your driving record
- Does not clear insurance consequences
- Does not prevent law enforcement or courts from seeing the prior conviction
- Does not allow expungement of a second or third OWI offense
In other words, while expungement removes the offense from public view, it remains legally relevant in future court proceedings and official evaluations.
OWI Expungement and Employment Implications
For many people, the main benefit of expungement is improving employment opportunities. In Michigan, employers can view a person’s public criminal record when conducting background checks—unless the record has been expunged.
Once an OWI is expunged:
- Employers generally cannot see it in standard background checks
- Individuals are legally allowed to answer “no” when asked if they’ve been convicted of a crime
- Public databases no longer show the conviction
However, some regulated industries—such as law enforcement, education, healthcare, and transportation—may still require full disclosure or have access to sealed data through official channels. Expungement improves most employment outcomes but may not eliminate all barriers.
Limitations on Multiple OWI Expungements in Michigan
Michigan law currently limits OWI expungement to one lifetime offense. If a person has more than one impaired driving conviction, even if the others were years apart, none of them are eligible for expungement under current statutes.
Additionally, the following types of OWI cases are excluded from eligibility:
- OWI resulting in serious injury or death
- OWI while operating a commercial vehicle
- OWI involving child endangerment
- Felony OWI cases (including third offenses)
The law is strict, and Michigan’s expungement process is deliberately narrow when it comes to impaired driving charges.
Frequently Asked Questions About OWI Expungement in Michigan
Can a DUI be sealed instead of expunged in Michigan?
No. Michigan does not offer record sealing. The state uses expungement, which removes the offense from public criminal databases.
How long do I have to wait to apply for expungement?
You must wait five years after completing all sentencing terms, including probation, fines, and any other court requirements.
Does expungement affect my driving record?
No. Even if your OWI is expunged from your criminal record, it will still appear permanently on your Michigan driving record.
Can I expunge more than one OWI?
No. Michigan allows only one OWI expungement per person—ever. Multiple convictions make you ineligible.
Will employers still see my OWI after expungement?
Most employers will not see the expunged offense during standard background checks. However, government agencies and law enforcement may still access it.
Conclusion
Michigan law allows limited expungement of OWI offenses under specific conditions—but only for first-time, non-injury cases. If you meet the requirements and complete the necessary legal steps, you may be able to remove the offense from your public criminal record. However, this does not apply to your driving record, where the conviction remains permanently. Understanding the scope and limits of expungement is essential for anyone seeking to move forward after an impaired driving conviction in Michigan.
For more insights on the broader impact of OWI convictions, visit our full guide on DUI Records And Long Term Impact.
To learn more about record timelines and visibility, see our focused article on How Long a DUI Stays on Your Record.