The Criminal Defense Law Center of
West Michigan

OWI Expungement in Michigan — Yes, It’s Finally Possible

For decades, an OWI conviction in Michigan was permanent. No matter how long ago it happened, no matter how much you’d changed your life, that conviction followed you everywhere — on background checks, job applications, housing applications, and professional licensing reviews. That changed on April 11, 2021.

For the first time in Michigan history, the law now allows first-offense OWI convictions to be expunged. And I’ve been helping people take advantage of this new law ever since it took effect.

I’m Shawn Haff, and I have a 100% expungement success rate. Every single client I’ve represented in an expungement case has had their record cleared. If you’re eligible, I’ll get it done for you too.

Call me now at 616-438-6719.

The call is free.

The 2021 Law Change — What You Need to Know

Before April 2021, OWI convictions were completely excluded from Michigan’s expungement statute. It didn’t matter if it was your only offense. It didn’t matter if it happened 30 years ago. The answer was always no.

The new law changed that. Under the amended expungement statute, Michigan residents with a single first-offense OWI conviction can now petition the court to set aside (expunge) that conviction from their record.

This was a massive shift in Michigan law, and many people still don’t know about it. I regularly talk to clients who believe their OWI can never be removed because that’s what the old law said. The old law is gone. If you qualify, this opportunity is real.

Who Is Eligible for OWI Expungement?

Not every OWI conviction qualifies. Here are the requirements:

First-offense OWI only

If you have a second or third OWI conviction, those are not eligible for expungement under current law

Five-year waiting period

You must wait at least 5 years after completing all sentencing terms before you can petition. This means 5 years after you finished probation, paid all fines and costs, completed all classes, and satisfied every condition of your sentence

Limited criminal history

You cannot have more than one other criminal conviction on your record (with some exceptions for minor offenses)

No pending charges 

You cannot have any open or pending criminal cases at the time of your petition

The waiting period trips people up most often. It’s not 5 years from the date of conviction — it’s 5 years from the date you completed everything the court ordered. If you finished probation in 2020, the earliest you can petition is 2025.

The Clean Slate Act Does NOT Cover OWI

This is critically important, and I want to make sure you understand it: Michigan’s Clean Slate Act — the automatic expungement system — does NOT apply to OWI convictions.

The Clean Slate Act automatically expunges certain eligible convictions after a set period of time without any action required from you. However, OWI convictions are specifically excluded from automatic expungement. If you want your OWI removed, you must file a petition with the court. It will not happen on its own.

I’ve talked to people who assumed their old OWI would just disappear automatically under the Clean Slate Act. It won’t. You need to take action, and you need to do it right.

The OWI Expungement Process — Step by Step

Here’s how the process works when you hire me:

Step 1: Eligibility Review

I review your complete criminal history, court records, and sentencing terms to confirm you meet all eligibility requirements. If there’s any issue, I’ll identify it upfront.

Step 2: Prepare and File the Application

I prepare a formal application to set aside your conviction and file it with the court where you were originally convicted. This includes all required documentation and a detailed brief explaining why the court should grant your petition.

Step 3: Background Check and Prosecutor Review

Once filed, the Michigan State Police conduct a background check. The prosecutor’s office then has 60 days to review your petition and file any objections. In my experience, objections are uncommon when the petition is properly prepared and the client is clearly eligible.

Step 4: Court Hearing

The court schedules a hearing where the judge reviews the application, considers any prosecutor input, and makes a decision. I represent you at this hearing and present your case directly to the judge.

Step 5: Order of Expungement

If the judge grants the petition, an order setting aside the conviction is entered. The conviction is then removed from your public record. It will no longer appear on standard background checks.

The entire process typically takes 3 to 6 months from filing to final order, depending on the court’s schedule and how quickly the prosecutor responds.

Call Shawn Now

Benefits of Expunging Your OWI

Getting your OWI expunged changes your life in concrete, measurable ways:

Employment

No more explaining an old OWI on job applications. Most standard background checks will no longer show the conviction.

Housing

Landlords and property management companies run background checks. An expunged OWI won’t appear on most screening reports.

Professional licensing

If you need a professional license — nursing, teaching, real estate, CDL-related work — an old OWI can create problems. Expungement removes that barrier.

Peace of mind

After years of carrying this on your record, having it officially removed provides genuine relief. You can move forward without looking over your shoulder.

Gun rights

While an OWI conviction alone typically doesn’t affect firearm rights, an expungement ensures the cleanest possible record.

Not every client qualifies for 7411 or HYTA, but I evaluate every case for eligibility. These are opportunities you cannot afford to miss.

Common Misconceptions About OWI Expungement

“I thought OWI could never be expunged in Michigan.”

That was true before April 11, 2021. The law changed. First-offense OWI convictions are now eligible for expungement if you meet the requirements.

“Won’t it just happen automatically?”

No. The Clean Slate Act’s automatic expungement provisions do not cover OWI convictions. You must petition the court.

“My OWI was 20 years ago — is it too late?”

Absolutely not. In fact, older convictions are often easier to expunge. The longer ago the offense, the stronger the argument that you’ve moved on and deserve a clean record.

“I had an OWVI (Operating While Visibly Impaired) — does this apply to me?”

Yes. The expungement law covers OWI, OWVI, and related first-offense drunk driving convictions.

“I can’t afford an attorney for this.”

Consider what the conviction is costing you in lost job opportunities, higher insurance rates, and daily stress. The investment in expungement pays for itself many times over.

My 100% Expungement Success Rate

I don’t take this number lightly. Every client I have represented in an expungement case has had their conviction expunged. Every single one. That’s because I don’t file a petition unless I’m confident we’ll win, and I prepare every case thoroughly.

Check my case results page to see the kind of outcomes I deliver for my clients.

Whether your OWI happened 5 years ago or 25 years ago, if you meet the eligibility requirements, I will get your record cleared.

Take Action Now — Your OWI Doesn’t Have to Follow You Forever

If you were convicted of a first-offense drunk driving charge in Michigan and you’ve completed all your sentencing terms, you may be eligible to have that conviction erased. Don’t wait for it to happen on its own — it won’t.

Learn more about the general expungement process and how I approach these cases. If your conviction was a first-offense OWI, you’re likely a strong candidate.

I also represent clients in current OWI cases in Grand Rapids — if you’re facing a new charge, handling it correctly now makes future expungement possible.

Call me now at 616-438-6719. The call is free.

Let’s get this off your record. You’ve waited long enough.

Call Shawn Now

Frequently Asked Questions

Yes. Since April 11, 2021, Michigan law allows first-offense OWI convictions to be expunged. You must wait five years after completing all sentencing terms, have no more than one other criminal conviction, and file a petition with the court. OWI expungement is not automatic under the Clean Slate Act.

You must wait at least five years after completing all terms of your sentence — including probation, fines, community service, and any other court-ordered requirements. The clock starts from the completion date, not the conviction date. An experienced attorney can help determine your exact eligibility date.

No. Michigan’s Clean Slate Act automatic expungement provisions specifically exclude OWI and drunk driving convictions. You must file a formal petition with the court to have an OWI conviction set aside. It will never be removed from your record automatically.

No. Under current Michigan law, only first-offense OWI convictions are eligible for expungement. Second-offense, third-offense, and felony OWI convictions cannot be expunged. If you have a single first-offense OWI and meet all other requirements, you may petition for expungement.

Expunging an OWI removes it from your public criminal record, meaning it won’t appear on most employment or housing background checks. Benefits include improved job prospects, easier housing applications, professional licensing eligibility, and peace of mind. Attorney Shawn Haff has a 100% success rate in expungement cases.

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