Expungement & Clean Slate Records
Expungement is the legal process of setting aside a criminal conviction so that it no longer appears on your public record, providing a crucial clean slate for employment and housing. Michigan's landmark "Clean Slate" law has revolutionized this area of law by creating two distinct tracks for clearing a record: an automatic set-aside process that requires no application for certain qualifying offenses, and a traditional application or petition-based process filed directly with the court for records that do not qualify for automatic relief.
The eligibility landscape is complex. Automatic set-asides can cover an unlimited number of misdemeanors punishable by less than 93 days of jail after a 7-year wait, up to 4 misdemeanors of 93 days or more after a 7-year wait, and up to 2 felonies after a 10-year wait from sentencing or release from prison. However, certain serious offenses are never eligible for expungement, including murder, offenses carrying a life sentence, criminal sexual conduct in the 1st through 3rd degree (and 4th degree if committed on or after January 12, 2015), and traffic offenses causing injury or death. Notably, a first-time OWI conviction is only expungeable through a separate one-time application following a 5-year waiting period; this remains at the judge's discretion and specifically does not clear the Secretary of State driving record.
Many people assume that expunging a first-time OWI wipes the slate clean for future drunk driving charges. It does not. Even when a first OWI is set aside from the public record, it still legally counts as a prior offense for charging and sentencing on any future OWI. In other words, an expunged OWI does not turn a third offense into a second, or a second into a first. Michigan courts and prosecutors can still see and use the expunged conviction to determine repeat-offender status, even though it no longer appears on the public record.
Navigating these rules requires a professional review of your full record and a careful strategy. I confirm what has and has not already been cleared automatically, identify convictions the automatic process may have missed, and file the petition to get those records expunged. Watch the video below to learn more about expunging a DUI conviction in Michigan.