Have you spent years of your life dealing with the repercussions of an OWI conviction? Learn how you could wipe your record clean.

The New Michigan OWI Expungement Law

Before this new OWI expungement law, people who had previous convictions for OWIs were not eligible to expunge their records.

When your record is expunged, your OWI conviction won’t appear on a criminal background check. The public cannot see that you had a record, although select law enforcement agencies can.

Now, you could remove an OWI conviction after requesting expungement from the court. You have the opportunity to put the past behind you and start fresh.

Who Qualifies for OWI Expungement in Michigan?

To qualify for an OWI expungement in Michigan, individuals must:

• Have only one prior OWI conviction
• Wait a minimum of five years after any probationary term has ended
• Be convicted of a non-violent OWI (did not injure or kill anyone)

This new OWI expungement law applies only to first-time, non-violent OWIs. It is at the judge’s discretion whether to approve or deny an OWI expungement request.

How to Get Your OWI Expunged in Michigan

Although applications to file for expungement won’t be filed until February of 2022, here is a rundown of the process for expungement so that you know what to expect.

1. Pull your criminal record by ordering a copy from ICHAT
2. Go to local police to have fingerprints taken
3. File your application with the court clerk
4. Mail copies of your application to the prosecutor, Attorney General, and State Police
5. Prepare for and attend your hearing

Although this process may seem straightforward, it should not be done by yourself. An attorney ensures that your petition is complete and accurate. They can also represent you at all related court proceedings. Be aware that pulling criminal records and obtaining fingerprints may result in a small fee.

How the Court Decides to Grant Expungement

You will need to petition the court and request that the judge grants your expungement. The judge will consider several different factors when deciding whether to grant your OWI expungement petition, including:

• Whether you participated in drug or alcohol rehabilitation
• Whether you participated in educational programs
• Whether you have maintained a safe driving record since your conviction
• Whether you were charged with any other crimes since your conviction

What Happens if Expungement is Granted?

If granted, your public record will no longer reflect your OWI conviction. When you apply for jobs, housing, student aid, and other things that require you to disclose your criminal past, you will be able to answer “no” truthfully.

How to Improve Your Chances for Expungement

You must wait at least five years after probation to petition a judge for expungement. However, you can use this time as an opportunity to improve your chances for expungement:

• Enter a driver-training program
• Complete drug or alcohol treatment
• Participate in community service
• Avoid criminal activity

You want the court to review your petition favorably so that you may put an OWI conviction behind you and move forward with your life.

Get Help From a Michigan Expungement Lawyer

Michigan’s new OWI expungement law may be the chance you need to clear your record. To learn more about eligibility or get started on your petition, call an experienced Michigan criminal defense lawyer at Drias Law Group.

Call (313) 944-0236 or use our online contact form to schedule your free, no-obligation consultation.

The post What You Need to Know About Michigan’s New OWI Expungement Law appeared first on Drias Law Group, PLLC.

If you’ve been denied employment or housing because of a past criminal record, you understand the pain and shame that comes with trying to simply reintegrate into society. Not only does it create more obstacles for you, but it may even jeopardize your safety if you’re unable to find a place to live or earn money. Fortunately, our team of expungement lawyers have the legal know-how and courtroom experience to help guide you through the complicated process. To schedule your consultation, call us today at (313) 944-0236.

How the Clean Slate Bill Will Help

“For too long, criminal charges have created barriers to employment, barriers to housing and others for hundreds of thousands of Michiganders. These bipartisan bills are going to be a game-changer,” Whitmer said in an interview. It’s true that expungement has been shown to increase convicted criminals’ chances of earning higher wages or finding a better job without posing excess danger to the public.

University of Michigan researchers have discovered that only 6.5% of convicted criminals successfully expunge a conviction from their record within five years of becoming able to do so. The current application process to expunge convictions from one’s record is expensive and complex, but the Clean Slate Law would streamline the process dramatically.

This new law would allow people to get four misdemeanors and two felonies automatically cleared from their record, making Michigan the first state to include low-level felonies in the automatic expungement process. The Clean Slate law would automatically expunge misdemeanors seven years after sentencing and felonies 10 years after sentencing or when they get out of prison (whichever happens first). However, there are some convictions that would be ineligible for expungement: violent crimes, crimes punishable by more than 10 years in prison, human trafficking, “crimes of dishonesty” (e.g. forgery), and other serious crimes.

The Clean Slate bill was a part of a multi-bill package that includes another bill which would expand the current expungement application system to include more charges. This bill in particular would allow for an endless number of misdemeanors and up to three felonies to be expunged, with an important exception: no more than one felony if it can earn a prison sentence of more than 10 years and no more than two assaultive crimes.

Other Bills in the Package

Some other bills included in the package will go into effect in a little less than 180 days (April 10, 2021).

One will shorten the waiting time for expungement, allowing for misdemeanors to be expunged after three years, a single felony or serious misdemeanor after five years, and multiple felonies after seven years.

Another bill will allow felonies or misdemeanors committed in the same 24-hour period to be lumped together as a single conviction, with some lawmakers calling it the “one bad night” bill. This excludes assaultive crimes, crimes punishable by 10 or more years in prison, and crimes where a dangerous weapon was involved.

Last but not least, another bill will make certain crimes ineligible for any kind of expungement, like domestic violence, child abuse, sexual assault, traffic crimes where someone got seriously injured or died, and crimes that can earn a life sentence in prison.

How Drias Law Group Can Help You

At Drias Law Group, we know how difficult a past criminal conviction can be when looking for better-paying jobs or somewhere to live. However, our team of knowledgeable and compassionate expungement lawyers can help guide you every step of the way. What’s more, we can help you make sense of all the details of the current expungement system and the Clean Slate bill, so you’ll never have to worry about facing these legal troubles on your own. Call us today at (313) 944-0236 to learn more about how we can best serve you.

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That’s why you should let the criminal defense lawyers at Drias Law Group handle the process. Expungement of a criminal record can help put the past behind you and remove a possible roadblock to employment, housing, professional licensing, military service, education opportunities and student loans. With the help of our experienced criminal record expungement attorneys, you may be able to get your record erased, including your conviction.

Contact Drias Law Group today at (313) 944-0236 for a free consultation on criminal record expungement.

Who Qualifies for Expungement?

With a few exceptions, if you have one felony or two misdemeanor offenses you can apply for expungement if five years have passed since completing a sentence or court-ordered monitoring.

You will qualify for expungement if the following apply:

• Felony expungement — if you have been convicted of only one felony and no more than two misdemeanor offenses and it has been five years since the date conviction, release from incarceration, or discharge from parole.
• Misdemeanor expungement — if you have been convicted of no more than two misdemeanors and no felony offenses and it has been five years since the date conviction, release from incarceration, or discharge from parole.

Felonies convictions that CANNOT be expunged include:

• Offenses for which the maximum punishment is incarceration for life
• Second degree child abuse
• Criminal sexual conduct
• Human trafficking
• Terrorism

If you’re interested in expungement, but not sure if your offense qualifies, check with an attorney at Drias Law Group. Don’t assume anything and don’t listen to non-lawyer friends and family. Getting it wrong is punitive under Michigan law. If your expungement petition is denied because you weren’t eligible, you’ll have to wait an additional three years before filing another petition concerning the same conviction. On a matter as important as getting an expungement or having your record sealed, consult one of our experienced lawyers.

How the Process Works

Once you contact our firm, we will discuss your needs, gather information, and start the process by determining if you’re eligible for expungement as outlined above.

If eligible, we’ll get a certified copy of your conviction. By having us handle it, you’ll skip the headache of determining which clerk of court to contact or whether you need a discharge order or certification of a register of actions.

When we have the appropriate paperwork on the conviction, we’ll fill out the proper application from the information you have supplied to us. Then we will arrange for you to have your fingerprints taken by a local law enforcement agency as a fingerprint card will be sent to the Michigan State Police with the application.

We’ll ask you to sign the application and we will notarize it, saving you from having to search down a notary. Then we’ll make copies of everything to send to various officials and for our files.

Your application will be filed with the court in which you were convicted. If a hearing date is set either at the time of filing or received later, we will notify you of that date.

After Drias Law Group has filed your application with the court, we will “serve” a copy of the application on the Michigan State Police, along with the fingerprint card, a check for fees and the certified conviction record. We will also mail the application and conviction records to the Michigan Attorney General and the prosecutor of the court where you were convicted.

While waiting for your hearing date, we’ll ask you to gather letters of support, your employment history, any drug or alcohol treatment, educational achievements, or evidence of community service. You may be asked to speak about why you are seeking expungement and we will work with you on a statement to the court.

Automatic Expungements

Beginning April 2023, Michiganders can qualify for automatic expungements. They won’t need to file paperwork for eligible convictions, which mirror the eligible felonies and misdemeanors listed above.

Up to two felony convictions will be automatically expunged 10 years after either the sentencing or the defendant’s release from custody, whichever is later.

Up to four misdemeanor convictions will be automatically expunged seven years after sentencing.

Need an Expungement?

Long past the time you paid for your legal mistake, it can keep negatively impacting your life. Because of your criminal record, you may miss out on employment opportunities, the chance to live where you want, pursue your profession, or join the military. You could permanently put it behind you if you qualify for expungement. Contact one of our experienced Michigan criminal defense attorneys at Drias Law Group for a free, initial consultation at (313) 944-0236 today.

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