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Can I Have My Drunk Driving Conviction in Michigan Expunged?

Can I Have My Drunk Driving Conviction in Michigan Expunged?

Employers commonly ask applicants whether they have ever been arrested and/or convicted of a crime (misdemeanor or felony). Based on the nature of the arrest or conviction, an employer may refuse to interview or hire an applicant. So what can you do to prevent your criminal history from affecting your job search? Read on to learn more. 

Criminal Record Expungement in Michigan

In Michigan, the expungement of a criminal record consists of a process in which an arrest and/or conviction is removed from the record. This means that the public (ex - potential employers) will not be able to locate your criminal history when conducting a background check. Hence, when you apply for a job, you do not have to disclose your criminal history (arrest and/or conviction).

Is Your Drunk Driving Conviction Eligible for Expungement?

Under Michigan State law, drunk driving convictions are not eligible for expungement:

A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 145c, 145d, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.145d, 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense. See MCL 780.621.

A traffic offense is defined as follows:

"Traffic offense" means a violation of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a local ordinance substantially corresponding to that act, which violation involves the operation of a vehicle and at the time of the violation is a felony or misdemeanor.

Thus, a drunk driving misdemeanor or felony conviction CANNOT be expunged in Michigan. It is important to hire an experienced drunk driving attorney to represent you when facing operating while intoxicated (OWI) charges in Washtenaw County. You should never plead guilty to drunk driving without consulting with a DUI attorney first. There are several consequences that will result from a drunk driving conviction in Michigan. Contact Washtenaw County drunk driving attorney Stacey Washington for a case evaluation if you have been arrested and charged for operating while intoxicated (OWI).

Sources

Search, Modify, Locate, Set Aside or Expungement of Criminal History Records

MCL 780.621a

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