Can You Expunge a DUI in Michigan? What You Need to Know
A lot of people who contact our office about Michigan DUI expungement are pleased to learn that it is possible. Under Michigan’s Clean Slate law, a first-offense OWI conviction can be expunged from your criminal record, but the law has specific eligibility requirements, and there is an important limitation that almost nobody talks about up front: expunging your criminal record does nothing to your driving record.
This article walks through the full picture.
What Michigan’s Clean Slate Law Changed
Before 2021, expunging a Michigan DUI conviction was not possible. The Clean Slate Act changed that. Starting January 2021, Michigan law allows people convicted of a single first-offense OWI to apply to have that conviction set aside — removed from their criminal record — provided certain conditions are met. The Michigan Attorney General’s office has published guidance on first-time OWI expungement eligibility that outlines the basic framework.
This was a significant shift. For the first time, someone who made a mistake, completed their sentence, and stayed out of trouble has a legitimate path to a clean criminal record. The law is not a pardon and it does not erase history entirely, but for most practical purposes — employment background checks, housing applications, professional licensing — an expunged conviction is treated as if it never happened.
Who Qualifies for Michigan DUI Expungement?
Eligibility under the Clean Slate law is specific. All of the following must be true:
- One OWI conviction, not multiple. The law covers first-offense OWI only. If you have two or more alcohol-related driving convictions on your record, you do not qualify for expungement.
- First-offense Super Drunk is eligible. A conviction under the High BAC statute — sometimes called “Super Drunk” — does qualify as a first offense for expungement purposes, even though it carries enhanced penalties. If it was your only OWI conviction, you can apply.
- No conviction involving death or serious injury. If your OWI case involved a fatality or serious bodily injury to another person, the conviction is not eligible regardless of other factors.
- Five years must have passed. The five-year waiting period runs from the latest of your sentencing, completion of probation, or release from jail. All these clocks must have run — the waiting period begins from whichever one ended last.
- No other disqualifying criminal history. The court reviews your full record. A clean record since the OWI conviction strengthens the petition significantly.
If you are unsure whether you meet these criteria, a brief consultation is the fastest way to find out. The eligibility rules have enough nuance — particularly around the five-year clock — that it is worth a conversation to find out if you can move forward.
What You Need to Know
The five-year clock does not start at sentencing — it starts when the last thing related to your case occurs: sentencing, end of probation, or release from jail. If you were on probation for two years, your five-year wait begins from the day your probation discharge order was signed. Counting from the right date is important.
How the Expungement Process Works
A Michigan OWI expungement is not automatic — it requires a formal petition filed with the court where you were convicted, under MCL 780.621c, the statute governing first-time OWI set-asides. The process involves paperwork, the prosecutor’s office is notified and given an opportunity to object, and a judge makes the final decision. The determining standard is whether setting aside the conviction is consistent with the public welfare and in the interest of justice.
In practice, judges grant well-prepared petitions from genuinely eligible applicants at a high rate. A petition that is complete, accurate, and supported by evidence that your life has been positive since the conviction gives the court what it needs to say yes.
We handle the petition from start to finish — gathering the required documentation, additional materials, preparing the filing, appearing at the hearing, and making the case to the judge. Our goal is to present the strongest possible case so the process moves efficiently and the outcome is that your record gets cleared.
What a Michigan DUI Expungement Does Not Fix: Your Driving Record
This is the part that catches people off guard, and it is worth being direct about it.
An OWI conviction appears on two separate records: your criminal record and your driving record. Expungement under the Clean Slate law addresses only the criminal record. Your driving record — maintained by the Michigan Secretary of State — is not affected by an expungement order. The conviction stays there, and, by law, cannot ever be removed.
For most people, this distinction matters in two practical ways:
- Insurance. Auto insurance companies pull your driving record, not your criminal record. An expunged OWI conviction may still affect your insurance rates for as long as it remains on your driving record.
- Any future DUI charges. The whole point of keeping a prior OWI conviction on a person’s driving record is to make sure that if there is a subsequent drunk driving arrest, the case will be charged appropriately under MCL 257.625 as a possible 2nd or 3rd offense.
Under Michigan law, a second DUI arrest within 7 years of a prior conviction is charged as a 2nd offense, and a third arrest within a person’s lifetime is charged as a 3rd offense felony DUI. Even though the criminal conviction is set aside, the driving record must accurately reflect a person’s driving history. No conviction of any kind can ever be removed from a Michigan driving record.
The Honest Bottom Line
Michigan DUI expungement is real, it is available to people who qualify, and it can meaningfully improve your life — particularly when it comes to employment, professional licensing, and housing. For almost everyone who is eligible, it is absolutely worth pursuing.
If you are not sure whether you qualify, the best next step is a conversation. We offer free, confidential phone consultations and will give you a straight answer about where you stand.
Find Out If You Qualify — Free Consultation
Our office handles Michigan OWI expungement petitions for clients with convictions in the Metro Detroit area of Macomb, Oakland, and Wayne, or one of the surrounding counties. If you have questions about whether you are eligible, or what the process looks like in your situation, we are glad to talk it through.
Call us Monday through Friday, 8:30 AM to 5:00 PM, at 586-465-1980. After-hours calls are answered by our answering service. You can also reach us through the contact form or chat box on our website.
For more on the expungement process and what to expect, visit our Michigan OWI expungement page.
