Setting Aside (Expunging) an OWI Conviction in Michigan

Yes, a first-offense OWI can now be set aside in Michigan, which is the state's legal term for what most people call expungement. Since 19 February 2022, the law allows a person to apply to set aside one first-violation OWI conviction, once in a lifetime, if they meet the waiting period and the other conditions.^[1][2][3] The judge decides each application; it is a privilege, not a right.^[11]

This page explains the law that made the change, the basic conditions, the filing steps and how the court decides. The detailed exclusions are on who is eligible to set aside an OWI, and the effects of an order are on what a set-aside does and does not do.

What changed, and when

The set-aside law is 2021 Public Act 78 and 2021 Public Act 79, which began as House Bills 4219 and 4220. Both were signed on 23 August 2021 and took effect on 19 February 2022.^[2] A third act, 2021 PA 82 (Senate Bill 400), added the OWI waiting period to MCL 780.621d and took effect on 9 March 2022.^[12][4]

Some websites cite "2021 PA 219" or a date of 9 February 2022. Both are wrong. The acts are 2021 PA 78 and 79; the "219" comes from the bill number, House Bill 4219.^[2]

The rule before that was stricter. Under 2020 PA 187, effective 11 April 2021, the set-aside statute barred setting aside any conviction for operating while intoxicated, with no first-offense exception.^[13] So a page that says "you can never expunge a DUI in Michigan" is out of date: since 19 February 2022 a first-violation OWI can be set aside on application.^[1][2] The timeline of recent changes puts this alongside other updates.

The basic conditions

All of the following have to line up before a court may grant an OWI set-aside:

• It was a first violation. The offense must be one of the listed OWI-type offenses, committed by someone who had no prior convictions under MCL 257.625 at the time.^[14]
• It is the person's only OWI set-aside. The exception is unavailable to someone who has previously applied for and had a first-violation OWI set aside.^[3]
• No injury or death, and no commercial vehicle. Any traffic offense that causes injury or death is barred, and so is a traffic offense committed by a commercial-license holder while driving the commercial vehicle.^[8][9]
• The waiting period has passed. At least 5 years must have passed since the latest of sentencing, completion of probation, discharge from parole or completion of any term of imprisonment.^[4]
• A clean record during the wait. No criminal charges may be pending, and the person may not have been convicted of any criminal offense during the waiting period.^[15]

Each of these is broken down, with the counting rules, on the eligibility page. For how earlier convictions are counted in an OWI case itself, see how prior convictions are counted.

How to apply: the steps on the court form

The application is the State Court Administrative Office form MC 227, "Application to Set Aside Conviction(s)," which has a box for a first-violation OWI.^[16] The SCAO instructions and the statute lay out these steps:

1. Get a certified copy of the conviction from the clerk of the court where you were convicted; the clerk may charge for it.^[6]
2. Complete the form. The statute requires it to include statements about prior set-aside applications, any pending charges anywhere, and consent to use of the nonpublic record.^[17]
3. Sign it under oath in front of the court clerk or a notary public.^[6][18]
4. Make five copies and file the application with the court where the conviction occurred, using a separate application for each court.^[6]
5. Get fingerprinted on an applicant card at a local law enforcement agency; there may be a fee.^[19]
6. Mail a copy of the application, the fingerprint card and the $50 fee to the Michigan State Police.^[19][18]
7. Mail copies to the Attorney General and to the prosecuting official where the conviction occurred, then file the proof of service with the court.^[19][20]

The State Police compare the fingerprints with state records, send them to the FBI, and report back to the court on any pending charges, convictions and earlier set-asides.^[21] The court cannot act on the application until that report arrives.^[18][22] Whether the clerk sets a hearing date at filing depends on local practice.^[6]

The prosecutor and the Attorney General may contest the application.^[20] If the OWI involved a crash that damaged another person's property, it counts as a "serious misdemeanor," and the prosecutor must notify the victim, who may appear and give a written or oral statement.^[20][23] More on victims' role is in crime victims' rights in OWI cases.

How the judge decides

The court may enter the order only if it finds that the applicant's circumstances and behavior since the conviction warrant it and that setting it aside is consistent with the public welfare.^[11] The court may require affidavits and take other proof as it considers proper.^[24]

For an OWI, the statute adds one specific factor. The judge may consider whether the person benefited from any rehabilitative or educational programs the sentencing court ordered, or took such steps before sentencing. The judge is "not constrained by the record made at sentencing" and may deny the petition if not convinced the person used or benefited from that programming.^[25]

If the application is denied

After a denial, the person may not file another petition on the same conviction with that court until 3 years after the denial, unless the denial order sets an earlier date.^[26] A denial does not by its terms use up the one-time OWI exception, which applies to a person who has "applied to have and had" an OWI set aside.^[3]

Common misunderstandings

What people say	What the law says
"Clean Slate will clear my OWI automatically."	A first-violation OWI is expressly not eligible for automatic set-aside; it requires an application.[5]
"After expungement the OWI is off my driving record."	A set-aside order for a traffic offense must not require removal from the Secretary of State driving record.[10]
"An expunged OWI can't be used if I'm charged again."	A set-aside conviction may still be treated as a prior conviction for charging a second or later offense.[27]
"I'll get my fines back."	A set-aside does not entitle the person to a refund of fines, costs or other money paid.[28]
"Three years is enough for a misdemeanor."	The 3-year misdemeanor wait expressly excludes a first-violation OWI; the OWI wait is 5 years.[29][4]

Where to get help with the forms

Michigan Legal Help, a free self-help site, has a "Crime and Traffic" section that includes clearing a criminal record.^[30] Its address is michiganlegalhelp.org. Other legal-help options are listed in the help and resources directory. For how the set-aside fits with the rest of a person's record, see how long an OWI stays on your record and OWI and your job. The domestic violence guide's page on setting aside a conviction covers the general set-aside rules for other offenses.