After an OWI conviction in Michigan, many people assume they’ll be carrying that record forever. For years, that was essentially true – drunk driving convictions could not be expunged under Michigan law.
That changed in 2021. Michigan now allows first-time OWI offenders to petition for expungement under specific conditions. It’s not automatic, it’s not guaranteed, and it comes with important limitations – but for tens of thousands of Michigan residents, it represents a genuine second chance.
As a Grand Rapids OWI attorney, Mark Caldwell now helps clients pursue expungement as a path forward after conviction. This guide explains exactly who qualifies, how the process works, and what expungement actually does – and doesn’t do – for a criminal record.
| Michigan’s OWI expungement law, enacted in 2021 under MCL 780.621, is a significant change that many people convicted of drunk driving don’t know about. Anyone with a prior OWI conviction may be eligible to apply. |
What Is OWI Expungement?
DUI Expungement is the legal process of removing a criminal conviction from a public criminal record. After expungement, the conviction is sealed from public view, and the individual may generally answer “no” when asked about criminal convictions on job applications, housing applications, and most other contexts.
Importantly, expungement does NOT:
- Remove the conviction from the driving record (it stays there and can still count for sentencing purposes in future cases)
- Expunge federal records
- Apply to convictions in other states
- Automatically restore a driver’s license if it was revoked
Who Qualifies for OWI Expungement in Michigan?
Under Michigan’s current expungement law, the eligibility requirements for OWI expungement are:
- Only one OWI conviction in Michigan (any subsequent OWI makes a person ineligible)
- 5 years have passed since the conviction, or since release from incarceration, whichever is later
- No other OWI convictions anywhere in the United States
- The conviction was not for OWI causing death or serious injury (these are not expungeable)
- The conviction was not for OWI with a child passenger (child endangerment)
The 5-year waiting period is measured from the conviction date or release from incarceration, not from the arrest. The clock starts when the case closes.
| PLANNING AHEAD: For anyone recently convicted of a first-offense OWI, now is the time to start tracking the 5-year window. Maintaining a clean record in the meantime – no new offenses – is essential to remaining eligible. |
How to Apply for OWI Expungement in Michigan
The expungement process involves several steps. Having an owi/dui attorney handle the filing significantly improves the chances of success and avoids procedural errors that can delay or derail the application.
Step 1: Confirm Eligibility
Before filing anything, the specific conviction must be confirmed as qualifying. Some OWI-related offenses are excluded – including felony OWI, OWI causing death or serious injury, and OWI with a minor passenger.
Step 2: Gather Required Documents
Applicants will need their original conviction records, sentencing documents, and documentation that all fines, costs, and probation conditions have been completed.
Step 3: File the Petition
The petition for expungement is filed in the same court where the conviction occurred. In most Grand Rapids and Kent County cases, this is the 61st, 62B, or 63rd District Court. The petition must include specific information about the conviction and current status.
Step 4: Serve the Prosecutor and Attorney General
The prosecuting attorney’s office and the Michigan Attorney General’s office must be served with the petition and given the opportunity to object.
Step 5: Attend the Hearing
The court schedules a hearing where the judge reviews the petition, considers any objections, and decides whether to grant the expungement. The judge has discretion – meeting the minimum eligibility requirements does not guarantee approval.
At the hearing, defense counsel can present evidence of rehabilitation, community involvement, employment, and the burden the conviction continues to impose. This is where having experienced legal representation matters.
What About Michigan’s Automatic Expungement Law?
Michigan also enacted an automatic expungement law that went into effect in 2023, which was intended to automatically seal certain older convictions. However, the automatic expungement system is not fully operational for OWI offenses, and the process has faced delays. Do not rely on automatic expungement – file a petition proactively.
Life After Expungement – What Actually Changes
After a successful OWI expungement, a person can typically:
- Answer “no” to most criminal record questions on job applications
- Pass most private employer background checks without the OWI appearing
- Apply for housing without the conviction appearing on standard background checks
- Apply for professional licenses where a clean criminal record is required
- Qualify for higher wages
- Access student loan availability
- Regain concealed pistol license (CPL) eligibility
What does not change after expungement:
- The conviction remains on the Michigan driving record (accessed by law enforcement and Secretary of State)
- Future OWI convictions can still reference the expunged conviction for sentencing enhancement purposes
- Federal background checks (such as for firearms purchases or federal employment) may still reflect the conviction
Can a Super Drunk or Felony OWI Be Expunged?
A first-offense Super Drunk OWI (BAC .17+) is eligible for expungement under the same criteria as standard OWI, assuming it remains a misdemeanor and meets the 5-year requirement.
Felony OWI convictions – third-offense under Heidi’s Law – are not currently eligible for expungement under Michigan law.
For more on the Super Drunk charge, see: Michigan’s Super Drunk Law: What a BAC of .17+ Means for Your Case.
Frequently Asked Questions
How long does OWI expungement take in Michigan?
The process typically takes 3–8 months from filing the petition to receiving a final order, depending on the court’s schedule and whether the prosecutor objects. Having an attorney handle the paperwork correctly from the start avoids delays.
Does OWI expungement restore a driver’s license?
No. License restoration is a separate process handled by the Michigan Secretary of State and the Driver Assessment and Appeal Division (DAAD). Expungement addresses the criminal record only. For license restoration, speak with an attorney who handles both OWI and license restoration cases.
Can a second OWI be expunged in Michigan?
No. Under current Michigan law, only first-time OWI offenders are eligible for expungement. Any person with two or more OWI convictions is ineligible.
Will expunging an OWI affect insurance rates?
The driving record – which insurance companies use to calculate rates – is separate from the criminal record. Expungement of the criminal record does not remove the conviction from the driving record, so insurance rates may not change immediately. Over time, as the conviction ages, rates typically improve regardless of expungement.
Ready to Clear Your Record? Let’s Talk About OWI Expungement.
✆ Call or text: (616) 915-6576
🌐 Free Consultation: markmcaldwell.com/contact
Related Articles
- Charged With an OWI in Grand Rapids? Here’s Exactly What Happens Next
- Michigan’s Super Drunk Law: What a BAC of .17+ Means for Your Case
- How to Get Your Driver’s License Back After a DUI
- How Grand Rapids Sobriety Courts Work – And Why They Could Save Your Future
Attorney Mark Caldwell serves Grand Rapids, Kentwood, Wyoming, Walker, Grandville, Holland, Muskegon, Ionia and all of Kent, Ottawa, Muskegon, Ionia, Allegan, Mecosta, Newaygo, Osceola, Oceana, and Barry counties.
