A Michigan OWI conviction can follow you for years after the case ends — showing up on background checks, affecting job applications, and closing doors you didn’t even know were open. Since Michigan expanded its Clean Slate law in 2022, Michigan OWI expungement became available to first-time offenders as a path to having that conviction removed from their criminal record. The Michigan Attorney General’s office has published guidance on first-time OWI expungement eligibility that outlines the basic framework. Whether that path is open to you, and whether it’s worth pursuing, depends on the specific facts of your case.
At Jeffrey Randa and Associates, we handle OWI expungement petitions throughout Metro Detroit — and we’ll give you a straight answer about whether your conviction can be set aside.
What OWI Expungement Does — and What It Doesn’t
This is a distinction that matters, and one most people don’t know going in.
A successful OWI expungement removes the conviction from your criminal record. That means when an employer, landlord, or licensing board runs a standard background check, the conviction is gone. For most people, this is exactly what matters.
The overwhelming majority of jobs don’t require driving as part of the work — but many employers do ask about misdemeanor and felony convictions on applications. Once expunged, you can honestly answer that the conviction does not exist.
What expungement does not do is clear your driving record. The conviction stays there permanently. Michigan law requires this so that if you’re ever charged with another alcohol-related driving offense — regardless of when — it can be charged and sentenced appropriately as a second or third offense, if applicable.
If your work involves driving a company vehicle or otherwise requires a clean driving record, any review of your driving record will still reflect the conviction. But for the far larger universe of employment where attendance and performance are what’s evaluated, the driving record is simply not part of the picture.
Who Qualifies for OWI Expungement in Michigan
Not every OWI conviction is eligible. To qualify for expungement under Michigan’s Clean Slate law, all of the following must be true:
- Your conviction was for a first-offense OWI or Operating While Visibly Impaired (OWVI) under MCL 257.625. To be clear, a conviction for a High BAC (“Super Drunk”) offense is eligible, as well.
- At least five years have passed since the last element of your case concluded — meaning five years from whichever came last: sentencing, the end of probation, release from any jail term, or the end of any license suspension.
- You have no additional OWI, DUI, or serious criminal convictions on your record.
- Your offense did not involve a death or serious injury.
If you’re not sure whether your case qualifies — particularly around the five-year clock or what counts as a disqualifying conviction — that’s exactly the kind of question a free consultation is designed to answer. Our DUI / OWI defense page covers what to expect if you’re currently facing a first offense charge.
How the OWI Expungement Process Works in Michigan
OWI expungement is not automatic. Even if you meet every eligibility requirement for Michigan OWI expungement, you must file a formal petition under MCL 780.621c — the statute governing first-time OWI set-asides — and appear before a judge who will decide whether to grant the relief. This is not a rubber stamp — the prosecutor is notified and has the opportunity to object, and the judge has to consider all factors.
That said, someone who clearly meets the criteria and presents a thoroughly prepared case is more likely to win. The outcome depends significantly on how the case is built and how it’s presented in court. Which specific court is involved, in which county, and the particular judge deciding the case matters in ways that aren’t obvious from just reading the law.
Here is what the process involves:
- Eligibility review. We confirm your conviction qualifies and that the five-year clock has run from the last piece of your case.
- Petition preparation. We build a comprehensive petition that does more than recite the eligibility criteria. It explains, in specific and credible terms, why this was out of character, what you’ve done since the conviction, and why the risk of a similar incident is not a realistic concern. The details of what makes a petition persuasive in a given court are something we discuss with you directly.
- Fingerprinting and background check. Michigan requires fingerprinting as part of the expungement process. We’ll direct you through exactly what’s needed and where to go.
- Filing with the right court. The petition is filed in the court where the original conviction occurred. We handle the filing and all required notifications, including to the prosecutor’s office.
- The hearing. We appear with you, present your petition and all relevant supporting documentation, and respond to any challenge from the prosecutor. The judge makes the final decision.
Why a Clean Criminal Record Opens More Doors Than You Might Expect
Many people going through the Michigan OWI expungement process are focused on one specific job or opportunity. It’s not uncommon for them to realize, afterwards, that the conviction had been quietly limiting them in ways they hadn’t fully tracked — applications they didn’t pursue, promotions that went to someone else, housing they weren’t approved for.
Once an OWI conviction is expunged, it does not appear on criminal background checks run by employers, landlords, or most other inquiries. You are not required to disclose it on job applications that ask about prior convictions. For many people, that’s a decade or more of professional and financial life that quietly gets easier.
Why Work With Our Firm on Your Expungement Petition
We’ve handled OWI and DUI cases in Metro Detroit for over 30 years — in Wayne, Oakland, Macomb, and the surrounding counties. That means we know the courts, the judges, and the prosecutors involved in expungement proceedings, and we know what a compelling petition looks like in each of those venues.
If you qualify for expungement, a carefully prepared case is your best chance at a clean record. If you don’t qualify yet — or if your case has complications that make the outcome uncertain — we’ll tell you that plainly, along with what your options are.
What You Need to Know
- OWI expungement removes the conviction from your criminal record only — it remains on your driving record.
- Only first-offense OWI/OWVI convictions are eligible — second offense and above cannot be expunged.
- The five-year clock runs from the last piece of your case — sentencing, end of probation, jail release, or end of license suspension, whichever came last.
- Expungement is not automatic — it requires a formal petition and a court hearing.
- Once granted, the conviction is removed from public view and does not need to be disclosed on most job applications.
Find Out Whether Your OWI Conviction Can Be Expunged
If you’ve served your sentence and stayed out of trouble, you may not have to carry this conviction for the rest of your life. Call our office for a free, confidential consultation and we’ll tell you exactly where you stand.
We’re available 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.
Learn more about our DUI / OWI defense practice.