Michigan OWI/DUI Expungement Attorneys
Last updated: May 2026
Michigan changed its DUI expungement law in 2022. For the first time, a first-offense operating-while-intoxicated (OWI) conviction can be set aside. The change unlocked relief for thousands of people whose lives had been limited by a single, often old, OWI.
Who qualifies for OWI expungement in Michigan?
Only a first-offense OWI is eligible. The 5-year waiting period runs from the end of probation. The case must not have involved death or serious injury. Second and subsequent OWI convictions remain ineligible. Convictions under local ordinances that are substantially equivalent to OWI generally count for these purposes.
How does the process work?
The attorney files a petition under MCL 780.621d in the court that issued the conviction. The Michigan State Police, the prosecutor, and the Attorney General all get notice. A judge holds a hearing and considers the circumstances of the offense, behavior since, and any objections. The court signs the order if the statute is met.
How long does it take?
Typically 6 to 12 months from filing to a hearing decision.
How much does it cost?
Court filing fee $50, fingerprint card $10 to $30. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them.
Frequently asked questions
Will my driving record clear?
No. The Michigan Secretary of State driving record is separate. An expungement clears the criminal record only. Insurance carriers may continue to see the OWI on the driving abstract.
I have two OWIs. Can the first one be expunged?
No. A second OWI conviction makes both ineligible — the statute only covers true single-offense cases.
Will employers see the OWI after expungement?
Most private background checks should not show it. Commercial driver licensing and certain transportation jobs have broader visibility.
Does the AG always object?
The AG does not object in every case. Strong rehabilitation documentation, a long clean record after the OWI, and clear evidence the offense did not involve injury all help.
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