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Michigan’s New First- Offense OWI Expungement Law

On Behalf of | Sep 17, 2021 | Criminal Defense

On August 31, 2021, Governor Whitmer signed House Bills 4219 and 4220 into law providing the opportunity for two hundred thousand first-time OWI offenders a second chance at a clean record. Beginning February 19, 2022, Michigan’s eligible residents may petition to expunge an OWI from their record. To be eligible, a petition must be filed with the Court, reviewed by a judge, at least five (5) years after the completion of a person’s sentence.

House Bill 4219 and House Bill 4220

Allows for the criminal record expungement of first-time offenses for:

  • Any person operating a vehicle with a BAC of .08 or more
  • Any person operating a vehicle while visibly impaired by alcohol or other controlled substance
  • A person under 21 years old operating with a BAC of .02 or more
  • Any person from operating a vehicle with any bodily amount of cocaine or Schedule 1 controlled substance

A Michigan resident is not eligible for expungement of a conviction involving any of the following:

  • A felony that is punishable by a maximum sentence of life imprisonment
  • Any traffic offense that causes injury or death.
  • A felony conviction for domestic violence (if the person has a previous misdemeanor conviction for domestic violence)

Interested in discussing how this law applies to you? Would you like to start working with our attorneys on your expungement case so you’re ready when the law is in full effect? Contact us immediately.