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Clarifying Whether an OWI Becomes Part of Your Criminal Record in Michigan
In Michigan, what many people commonly refer to as a “DUI” is officially known as an OWI, or Operating While Intoxicated. If you’ve been arrested or convicted for impaired driving, one of the most important questions is whether that offense becomes part of your criminal record. Understanding this distinction matters, especially for those concerned about background checks, employment, and long-term consequences.
This post offers a clear and informational look at how OWI offenses are treated under Michigan law when it comes to criminal records. We will explain the difference between traffic and criminal records, how Michigan classifies various OWI offenses, and under what circumstances those offenses may be visible on background checks. This article is meant solely for general educational purposes and does not offer legal advice.
Whether you’re facing an OWI charge or simply trying to understand how these cases are documented, the sections below break it down step-by-step—without legal jargon, speculation, or assumptions.
How Michigan Defines an OWI as a Criminal Offense
In Michigan, OWI offenses are generally treated as criminal violations, not just traffic infractions. That means they are handled in criminal court, and a conviction becomes part of your criminal history. Even a first-time OWI is classified as a misdemeanor, which is a lower-level criminal offense, but still one that carries serious long-term implications.
OWI charges escalate to felonies under specific conditions—such as having multiple prior convictions, causing injury or death, or being involved in an accident with minors in the vehicle. Felony convictions carry harsher penalties and stay on your criminal record indefinitely unless addressed through expungement (in very limited circumstances).
Once an OWI conviction is entered into the Michigan court system, it is reported to both state and national criminal databases, which are often referenced during background checks.
The Difference Between Criminal and Driving Records
Many people confuse a criminal record with a driving record, but they are maintained separately and serve different purposes in Michigan.
- Criminal records are managed by the Michigan State Police and include all misdemeanor and felony convictions.
- Driving records are maintained by the Michigan Department of State, and track infractions related to motor vehicle laws.
An OWI will appear on both records. On your criminal record, it will be listed as a misdemeanor or felony conviction, depending on the nature of the offense. On your driving record, it is permanently recorded and used to assess insurance risk and licensing status.
While points from an OWI may disappear from your driving record over time, the criminal record entry remains unless formally expunged.
First-Time OWI Offenses Still Go on Your Criminal Record
A common misconception is that a first offense doesn’t count as a “real” criminal record item. In Michigan, this is not the case. A first OWI conviction is still a misdemeanor criminal offense, and it becomes part of your official criminal history upon conviction.
This means that even a single, one-time mistake can appear on background checks used by employers, housing providers, government agencies, and others. The only difference between a misdemeanor and a felony in this context is the level of seriousness, not whether the offense is criminal.
Unless the conviction is later expunged—which is only available under specific rules for first-time offenses—that misdemeanor stays on your criminal record indefinitely.
When and How an OWI Can Be Expunged from Your Criminal Record
Michigan law allows for the expungement of a single first-time OWI offense under specific conditions. This is the only scenario in which an OWI may be removed from your criminal record.
To be eligible, you must meet the following requirements:
- The OWI must be a first offense.
- At least five years must have passed since you completed all sentencing requirements, including probation.
- The offense must not have involved serious injury or death.
- You must have no other impaired driving convictions.
If eligible, you can apply for expungement through the Michigan court system. The process is not automatic—you must file a formal request, attend a hearing, and receive approval from a judge.
Even if expungement is granted, certain government agencies and law enforcement may still be able to access sealed records for specific purposes.
How OWI Convictions Appear on Background Checks
An OWI that becomes part of your criminal record is likely to show up on most standard criminal background checks, especially those used for employment or licensing. Whether it impacts your opportunities depends on a variety of factors:
- Time elapsed since the offense
- Severity of the offense (misdemeanor vs felony)
- Whether the offense was expunged
- The employer or agency’s internal policy
Michigan law provides some protection through “ban the box” legislation, which restricts employers from asking about criminal history on initial job applications. However, once background checks are conducted later in the hiring process, an unexpunged OWI conviction may still be visible.
Expunging a first-time OWI conviction can help minimize its visibility, but it’s important to understand that not all background checks rely on the same sources or update at the same frequency.
OWI Felonies Remain on Your Criminal Record Permanently
While a first-time OWI misdemeanor can be eligible for expungement under Michigan law, felony OWI convictions are not eligible for removal. This includes:
- A third OWI offense (automatically a felony in Michigan)
- OWIs that result in serious injury or death
- OWIs with aggravating factors, such as transporting a child under 16
Felony OWIs are part of your permanent criminal record, and they will show up on virtually all background checks for the rest of your life. This can affect employment, housing, education, and international travel.
There is no current legislation in Michigan that allows for the expungement or sealing of felony OWI convictions.
Why Understanding OWI Records Matters for the Long Term
Understanding how OWI convictions impact your criminal record is essential if you’re planning your career, managing personal reputation, or dealing with other life matters that involve background checks. In Michigan, the presence of an OWI on your criminal record can affect:
- Job applications, especially in roles involving driving or public trust
- Professional licensing in healthcare, law, or finance
- Educational opportunities involving financial aid or conduct requirements
- International travel, where some countries restrict entry for individuals with criminal records
Being informed about these consequences can help you make better decisions after an OWI conviction and take steps toward record clearing if eligible.
Frequently Asked Questions About OWI and Criminal Records in Michigan
Is an OWI considered a criminal offense in Michigan?
Yes. Even a first-time OWI is a misdemeanor criminal offense in Michigan, and it goes on your criminal record upon conviction.
Can a first OWI be removed from your criminal record?
Possibly. Michigan allows the expungement of one first-time OWI offense if at least five years have passed since completing your sentence and you meet all other eligibility requirements.
Do OWI offenses show up on background checks?
Yes. Both misdemeanor and felony OWIs appear on most criminal background checks unless they have been expunged.
Can a felony OWI ever be expunged?
No. Under current Michigan law, felony OWI convictions are not eligible for expungement and will remain on your criminal record permanently.
Does expungement also remove an OWI from your driving record?
No. Expungement only affects the criminal record. The OWI will remain on your driving record for life.
Conclusion
In Michigan, an OWI conviction becomes part of your criminal record and can influence background checks, employment, and other long-term factors. While some first-time misdemeanor OWI offenses are eligible for expungement after five years, all felony OWIs remain on your record permanently. It’s important to understand how these records work and how they differ from your driving history.
To explore more about long-term impacts of these offenses, visit our full guide on DUI Records And Long Term Impact.
For detailed information on how long these convictions stay on record, check out our related resource: How Long a DUI Stays on Your Record.