Michigan OWI/DUI Expungement Attorneys
Reviewed: May 15, 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.
Quick answer: DUI / DWI in Michigan
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.
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How to set aside your Michigan OWI conviction
- Verify first-offense OWI eligibility. Your attorney confirms this is your only OWI conviction and that the case did not involve death or serious injury. Second and subsequent OWI convictions are not eligible.
- Confirm 5-year waiting period met. Verify 5 years have passed since completion of probation. The waiting period starts after all terms of sentence are complete.
- Obtain certified court records. Request certified copies of the OWI conviction judgment, sentence, and probation discharge order from the convicting court clerk.
- Complete fingerprint card. Obtain a fingerprint card from your local police agency. Cost typically ranges from $10 to $30.
- File petition under MCL 780.621d. Your attorney files the Application to Set Aside Conviction in the court that issued the OWI conviction. Filing fee is $50.
- Serve State Police, prosecutor, and Attorney General. Notice of the petition must be served on Michigan State Police, the prosecuting attorney, and the Michigan Attorney General.
- Gather rehabilitation evidence. Your attorney compiles evidence of rehabilitation: employment history, character references, community involvement, and any substance-abuse treatment completion.
- Wait for hearing date. The court schedules a hearing. The prosecutor and Attorney General review the petition and may object if circumstances warrant.
- Attend hearing with attorney. Your attorney presents evidence that you meet all statutory requirements and demonstrates rehabilitation. The judge considers circumstances of the offense and behavior since conviction.
- Receive set-aside order. Once the judge signs the order, certified copies are sent to State Police and all record-holding agencies. The OWI conviction is set aside and should not appear on most criminal background checks.
Statutes cited
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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