DUI Expungement in Michigan – Are You Eligible?

Michigan’s new expungement laws provide a crucial opportunity for DUI offenders seeking a fresh start. Signed into law on August 23, 2021, by Governor Gretchen Whitmer, these changes allow individuals with certain felony and misdemeanor convictions to expunge their records, with some offenses eligible for automatic expungement beginning in April 2023.

This article outlines how DUI convictions can be removed from your record. The new laws, specifically House Bills 4219 and 4220, make it possible for an estimated 200,000 individuals with a single DUI conviction to apply for expungement. However, several key details determine eligibility.

What is Expungement?

Expungement refers to the complete removal of a criminal record, unlike sealing, which only restricts public access. When expunged, the record is erased, offering significant protection for those convicted, as stated in HB 4980. This law prevents a conviction that has been expunged from being used as evidence in cases like negligent hiring or licensing.

Who Can Expunge Their Record?

Most individuals with a single DUI conviction in Michigan are now eligible to apply for expungement, but there’s a catch—you must wait at least five years after your probation ends before applying. Judges will consider several factors, including participation in rehabilitation programs and any subsequent criminal activity since the DUI conviction.

The law is particularly beneficial for first-time DUI offenders, allowing expungement for the following offenses:

• Driving with a BAC of 0.08 or higher (for those over 21)
• Driving with a BAC of 0.02 or higher (for those under 21)
• Driving while impaired by any substance

It’s important to note that expungement is only available for first-time offenders.

What Doesn’t Qualify for DUI Expungement in Michigan?

Certain DUI-related offenses cannot be expunged. If you have multiple DUI convictions, caused death or serious injury, were driving commercially, or were involved in child endangerment (OWI with a child under 16), expungement is not an option.

What Felonies and Misdemeanors are Expungable in Michigan?

Before the new laws, those with more than one felony or two misdemeanors couldn’t seek expungement. Now, if you have more than one offense but less than three felonies, you can apply to expunge all your offenses.

Are All Offenses Expungable?

Michigan law sets limits on which offenses can be expunged to protect the criminal justice system. If you have more than three felonies, you’re not eligible for expungement. Additional disqualifying factors include:

• Having more than one felony punishable by over 10 years
• Committing more than two assaults or violent crimes

When Can One Apply for Expungement?

You can apply for expungement after completing your sentence, probation, or parole. The waiting period varies:

• Multiple Felonies: Wait at least seven years
• Single Felony: Wait at least five years
• Serious Misdemeanors: Wait at least five years
• Other Misdemeanors: Wait at least three years

Automatic Expungement

Michigan law provides for automatic expungement of up to two felonies and four misdemeanors in a lifetime, but certain crimes are excluded from this process. Crimes that cannot be automatically expunged include:

• Serious misdemeanors
• Crimes involving dishonesty, like fraud
• Crimes against minors, such as first-degree criminal sexual conduct
• Crimes involving serious harm or death
• Assaultive crimes
• Felonies punishable by more than 10 years
• Human trafficking offenses

For automatic expungement, you must not be convicted of any new crimes during the waiting period, which ranges from seven to ten years. Additionally, automatic expungement does not relieve you from court-ordered restitution obligations; failure to pay may result in reinstatement of the expunged charges.

Do DUI Convictions Qualify for Automatic Expungement?

No, DUI convictions are not eligible for automatic expungement. However, the seven-year waiting period still applies, making it more advantageous to apply for expungement rather than wait for automatic eligibility. Keep in mind that you must remain free of any new DUI offenses during the waiting period.

Why Should I Expunge My DUI Conviction?

Expunging a DUI conviction offers significant benefits, including:

• Better housing opportunities
• Lower insurance rates
• Higher wages
• Eligibility for a Concealed Pistol License (CPL)
• Access to student loans

Despite these benefits, many eligible individuals do not pursue expungement. If your offenses occurred within a 24-hour period and are related, they may be treated as a single offense, enhancing your chances for expungement. This is why having an experienced attorney is crucial.

This is why working with a qualified attorney is essential. At Van Den Heuvel Law Office, we specialize in helping clients navigate the expungement process and provide robust legal defense for those facing DUI charges. Contact us at 616-698-0000 for a free 30-minute consultation to discuss your case and explore your options for expungement in Michigan.