Attorney DeBruin represents clients from across lower Michigan.

Attorney DeBruin represents clients from across lower michigan.

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Automatic expungement: Is my OWI conviction included?

On Behalf of | Jan 26, 2023 | Alcohol Offenses, OWI

The expungement process involves paperwork and lasts around eight months. But later this year, you might not need to file an application and wait a long time. Michigan’s Automatic Expungement Program aims to automatically remove eligible criminal convictions from the public record without filing applications starting in April 2023. Once Michigan rolls out this automated program, people no longer need to file applications for the following:

  • Up to two felonies (10 years or more after the convicted person’s release or sentencing)
  • Up to four misdemeanors (seven years after the convicted person’s sentencing)

Even so, this program does not cover OWI cases.

Other unqualified offenses

Automatic expungement seems ideal. Still, you should not get your hopes up because other crimes cannot be expunged this way. These include:

  • Serious misdemeanor convictions
  • Offenses with 10 years to life imprisonment as a maximum sentence
  • Traffic accidents resulting in injury or casualties
  • Convictions from assaults
  • Incidents involving human trafficking

Can I still apply?

Yes, you can apply for your OWI conviction. However, you can only do so according to these limitations:

  • Only one offense can be set aside per person.
  • People with multiple OWI offenses cannot apply for any of them.
  • OWI cases involving injury or death are not eligible.
  • A person must finish a five-year waiting period before filing an application.

If you meet these conditions, Michigan makes it easy to apply and monitor your application’s status through its website. You can also look at various resources to help you kick off the process.