Yes, a DUI conviction in Michigan will always be on your record. Any type of drunk driving conviction cannot be removed from your record.
An expungement is the process for removing a criminal conviction off of your record. It’s called a motion to set aside a conviction.
An expungement is a great tool for someone who is ready to move forward from a criminal convictions. An expungement can happen five years from the end of probation or incarceration.
The legislature has expanded the eligibility for expungements when it allowed for felonies to be expunged. However, an expungement isn’t possible for all convictions.
Not All Criminal Convictions Can Be Expunged
Convictions for traffic-related offenses cannot be expunged, whether misdemeanors or felonies. This includes all drunk driving related offenses. The most common of those offenses are operating while intoxicated (sometimes with high BAC) and operating while visibly impaired. Convictions for these offenses will always be on your record.
Other traffic offenses such as driving with a suspended license or failure to yield also cannot be expunged.
What I’ve Been Charged With a DUI and Want to Keep My Record Clean?
No plea deal to an operating while intoxicated offense will allow you to keep a clean record. If your goal is not record then beating the charge is the only option available. Do not expect that this type of conviction will drop off after a number of years or will be expungable. A drunk driving conviction is on your record for life.
This is why drunk driving charges should not be taken lightly. It is a conviction that will follow you around forever. Think of it in those terms when going to court. The prosecutor may offer you the standard plea deal from operating while intoxicated to operating while visibly impaired. The deal may sound good at the time. But take a minute to think about challenging the case for what it’s worth – an opportunity to make sure a conviction won’t follow you.
Sam Bernstein is a Drunk Driving Attorney in Washtenaw County.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108
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ArborYpsi Law specializes in Criminal Defense and DUI Work
Each year we take several OWI cases to trial. OWI laws get stricter every few years. For example, look at the “super drunk” driving law, otherwise known at operating while intoxicated with a high BAC. Or felony drunk driving – now, a third offense is charged as a felony. It used be the third offense had to occur within ten years, but not anymore.
The point is that the laws continually become tougher. When they do, criminal defense attorneys must take them more seriously. Remember, a DUI charge is on your record for life. There could be a time when the law changes to that a super drunk driving conviction is used as a predicate for a felony drunk driving charge.