Providing First Offense DUI/OWI Expungement Applicants Guidance and Assistance in Rochester and Beyond
Carrying a DUI/OWI conviction in Michigan can lead to a lifetime of hardship. The penalties for a DUI/OWI conviction can be severe, and a conviction can mean fewer employment prospects and expensive automotive insurance for many years. Michigan first-time DUI/OWI offenders have options. In 2021, Governor Whitmer signed Enrolled House Bills 4219 and 4220 allowing first-time offenders to apply for expungement. An expungement is a legal process of erasing the public record of a conviction. Starting February 19th, 2022, applications will be accepted for first-time DUI/OWI expungements in Rochester and other cities throughout Michigan. Our office will be handling this process throughout Southeastern Michigan and beyond.
How to Qualify for Expungement
The new expungement applies to first-time offenders, and eligibility for expungement does not include anyone with two or more DUI/OWI convictions. Your first-time expungement cannot be expunged if it caused a serious impairment of a bodily function, a death, involved a child under the age of 16 (i.e., child endangerment) or you were driving a commercial vehicle. Most drivers with a single conforming DUI/OWI conviction should meet with an attorney to discuss beginning the expungement process.
Conforming convictions meet the following qualifications:
- Any driver with a blood alcohol content (BAC) of .08 or more
- A driver using a vehicle although visibly impaired due to a controlled substance or a BAC of .08 or above
- Any driver using a vehicle with a BAC of .02 while under 21 years of age.
- Any driver using a vehicle while intoxicated by a controlled substance.
A driver with a first-time DUI/OWI conviction should know that you must wait a minimum of 5 years, after the completion of incarceration or probation, whichever is longer, before applying.
How to Begin the Expungement Process
Once the state begins processing applications, those seeking a first time DUI/OWI expungement should contact the Freedman Law Group immediately to determine eligibility and begin the process.
To receive an expungement in Michigan, applicants would need to:
- Secure a copy of your criminal record
- Submit a set of your fingerprints to the state database. You can do this at any police station
- Complete an application for expungement and file it with the court clerk
- Send copies of your application to the prosecutor, state police, and attorney general
- Attend a hearing where you will present your case to the court
A Rochester DUI/OWI Attorney Can Help
The process to receive a DUI/OWI expungement can be challenging to complete the process if you do not know where to start or how to file the required paperwork. An experienced DUI/OWI attorney can help keep your case on track. Having legal representation means you will not be alone in the process, and you will have someone to provide legal guidance and insight into the process. An attorney will also help ensure you have completed all the required forms and steps needed to qualify for an expungement. They will also help you present the best possible case to the judge, so the court will know you are serious about changing your life.
Contact The Freedman Law Group
Being granted a one-time DUI/OWI expungement in Michigan is not an automatic process, so you must do the work to ensure you receive the benefits of this new law. Having your DUI/OWI conviction expunged can be transformative, so you want to take every opportunity to be approved. At Freedman Law Group, our attorneys can help determine if you qualify for a DUI/OWI expungement.