Michigan Drunk Driving Expungement: Fresh Start for First Offenders

If you or someone you love has been convicted of drunk driving in Michigan, there are now options available to have the conviction removed from your record. Previously, those convicted of drunk driving had to live with a criminal record for life. However, under current Michigan law, expunging a first-offense drunk driving conviction is now possible. I wrote the book on Michigan DUI Expungements (Reclaiming Your Path - A Journey Through Expungement and Beyond in Michigan)

For those with more than one drunk driving conviction, other methods may be considered. I encourage you to reach out to discuss these options, but for now, we will focus on the expungement process for first-offense DUIs.

How the Expungement Process Works

When someone files for an expungement in Michigan, various agencies are involved, and everyone needs to agree to expunge the DUI conviction. Here's a breakdown of the process:

1. Michigan State Police: They are the custodians of the Michigan DUI conviction and must verify your record.
2. Michigan Attorney General: The Attorney General is asked to submit a response to the expungement request and may advocate against expunging your DUI.
3. Original Prosecutor: The prosecutor from the county, city, township, or village who handled your DUI case will have the opportunity to object to your request and will present their response to the judge.
4. Original Judge: The judge who oversaw your case will make the final decision based on input from all parties involved.

We will submit a comprehensive expungement application and supporting documents, going beyond a simple form submission that might be easily rejected. This is a significant request; removing a DUI from a criminal record has never been done in Michigan under the expungement process. It’s essential to approach this with the utmost diligence. You've lived with a drunk driving record for years; let’s make sure this is done right.

Challenges and Considerations

When the new law was passed, various law enforcement organizations, including the Prosecuting Attorneys Association of Michigan, opposed it. They expressed concerns about the underlying dynamics of drunk driving.

Matt Wiese, president of the prosecutors association, stated: “Prosecutors are concerned about the underlying dynamics of drunk driving and therefore couldn’t philosophically support the policy.”

This opposition highlights the uphill battle in expunging DUIs in Michigan. I have developed a dynamic approach to help my clients present the best case to erase their DUI records. My clients, whether dealing with new DUIs or seeking expungement, are proactive, organized, and comprehensive in their approach.

The Law and Rehabilitative Programs

The new law considers whether the petitioner has benefited from rehabilitative or educational programs, either ordered by the sentencing court or undertaken voluntarily. The court reviewing the expungement request can deny the petition if it is not convinced of the petitioner's engagement in or benefit from such programs. This standard exceeds the typical requirements for expungement cases, making it crucial to present a robust application.

Moving Forward

I look forward to discussing your DUI expungement with you. When you reach out, please have the following information available. While formal records are not necessary, knowing the following will be helpful:

1. The original court and judge
2. The year (exact date preferred) of your sentencing and the end of your probation. I can assist with exact dates, but any information will be helpful.

We will also discuss your life since completing probation, including career, education, family, and community involvement. We aim to help you present a strong case but be prepared to be actively involved.

Contact Information:

• Phone: 248-924-9458
• Email: jonathan@michiganlawgrad.com