For most of Michigan’s history, a drunk driving conviction was permanent. You could complete your sentence, stay clean for a decade, rebuild your life, and the OWI would still surface on every background check. That changed. A law that took effect in early 2022 made it possible, for the first time, to clear a first-offense OWI from your record. It is not automatic or guaranteed, but for many people it is now within reach.

Here is who qualifies, what the process looks like, and the limits worth understanding first.

”Expungement” in Michigan is called setting aside a conviction

Most people say “expungement.” Michigan law uses the phrase setting aside a conviction. They describe the same result: a conviction is removed from your public criminal record so it no longer appears on routine background checks run by employers, landlords, and licensing boards.

In Michigan, an OWI (Operating While Intoxicated) is what other states often call a DUI. The set-aside process applies to the OWI conviction itself, and the rules for drunk driving offenses are stricter than the rules for ordinary misdemeanors.

Drunk driving used to be off the table. Now a first offense can be cleared.

When Michigan expanded its expungement laws under the broader Clean Slate reforms, traffic offenses, including OWI, were left out at first. A separate law passed in 2021 closed that gap for one specific situation: a first-offense OWI.

That is the headline. With a single drunk driving conviction and the other requirements met, you can petition a judge to set it aside. Before this change, that door did not exist.

Who qualifies

It has to be a first offense

The set-aside option applies to a first-offense OWI only. If you have more than one drunk driving conviction, none of them can be cleared under this provision. This is the single biggest filter, and it is why getting strong representation on a first charge matters so much. A reduction or dismissal early on protects your ability to clean the record later.

You have to wait

There is a waiting period that runs after you finish everything the court ordered, including any jail time and the full term of probation. The clock does not start on your arrest or conviction date. It starts when your sentence and supervision are actually complete, and the current waiting period is several years from that point. Because the start date is easy to miscalculate, confirm your exact eligibility date with an attorney before you file a petition that gets bounced for being early.

Some OWIs are excluded no matter what

A standard first-offense OWI is eligible. The most serious drunk driving offenses are not. An OWI that caused a death or a serious injury falls outside this process and cannot be set aside. If your case involved an accident with injuries, talk to a lawyer about exactly how the charge was classified, because that classification controls whether you qualify.

One in a lifetime

Even if you somehow had more than one eligible situation, the law allows only one OWI to be set aside, ever. This is a one-time opportunity, which is another reason to make sure the petition is done correctly the first time.

This is discretionary, not guaranteed. Meeting the requirements gets you in the door. It does not force the judge to grant the petition. The court weighs your conduct since the conviction, the circumstances of the offense, and whether clearing the record serves the public interest. A clean record since the OWI and a clear reason for the request both help.

It is not automatic

Michigan’s Clean Slate law set up a system where certain old convictions clear themselves automatically over time. OWI is not part of that automatic process. To clear a drunk driving conviction, you have to take action: file an application with the court that handled your case, give notice to the prosecutor and the state, and appear at a hearing where a judge decides. Nothing happens if you wait for the system to do it for you.

What a set-aside clears, and what it does not

This is where people get tripped up, so it is worth being precise.

A successful set-aside removes the OWI from your public criminal record. Most employers and landlords running standard background checks will no longer see it.

It does not wipe the slate everywhere:

  • Your driving record. The Secretary of State can keep the OWI on your master driving record. Insurance and licensing consequences tied to that record may continue even after the criminal conviction is set aside.
  • Future OWI charges. If you are ever arrested for drunk driving again, a set-aside prior can still be counted against you as a prior offense. The set-aside does not make the first OWI disappear for sentencing purposes.
  • Law enforcement and the courts. Police, prosecutors, and courts retain access to the record for limited official uses.
  • Commercial drivers. If you hold a CDL, the rules around drunk driving are separate and unforgiving. Get specific advice before assuming a set-aside helps your CDL.

None of this makes the process pointless. For most people, getting the conviction off routine background checks is exactly the relief they need. Just go in with accurate expectations.

How the process works

Every case is different, but a typical first-offense OWI set-aside moves through these steps:

  1. Confirm eligibility. Pull your record, verify it was a true first offense, and calculate the date your waiting period ends.
  2. Prepare the application. Complete the set-aside application for the convicting court, with certified copies of the conviction and the required information.
  3. Fingerprints and state review. You will submit fingerprints and pay a state processing fee so the Michigan State Police can verify your record.
  4. Notice to the prosecutor and the state. The prosecuting attorney and the Attorney General get notice and an opportunity to object.
  5. The hearing. A judge reviews the petition, hears any objection, and decides whether setting aside the conviction is appropriate.
  6. Entry of the order. If granted, the court enters an order setting aside the conviction, and the record is updated.

A lawyer’s value here is front-loaded. Getting the timing right, presenting the petition well, and being ready to respond to a prosecutor’s objection are what move a discretionary decision in your favor.

Expungement law in Michigan has changed quickly in recent years, and how the rules apply depends on the specifics of your case and your record. This article is general information, not legal advice. Before you file anything, talk with a Dearborn criminal defense attorney who can review your record and tell you where you actually stand.

LegalSolv represents clients across Wayne County, including Detroit, Livonia, and neighboring Dearborn Heights. To find out whether your OWI can be cleared, call (313) 425-5555 or reach out through our contact page. We will review your record and lay out your options honestly.

FAQ

Can you expunge a DUI in Michigan?

Yes, since early 2022. A first-offense OWI can be set aside by petition. Repeat OWI convictions still cannot be expunged.

How long do you have to wait to expunge an OWI in Michigan?

Generally several years after you finish your sentence and any probation, currently five years. The start date depends on when your sentence and supervision actually ended, so confirm your timeline with an attorney before you file.

Will an expunged OWI still show up on my driving record?

Setting aside the conviction clears it from your public criminal record, but the Secretary of State can keep it on your driving record, and it can still count as a prior if you are ever charged with another OWI.

Is OWI expungement automatic under Michigan’s Clean Slate law?

No. OWI is excluded from automatic expungement. You have to file a petition with the court, and a judge decides whether to grant it.

Can I expunge more than one OWI?

No. The law allows only one OWI to be set aside in your lifetime, and only when it is a first offense.

Does an OWI that caused an injury qualify?

A standard first-offense OWI generally qualifies. An OWI that caused death or serious injury does not. Confirm how your specific charge is classified with an attorney.