Michigan OWI Expungement: How to Clear a First-Offense DUI

The One-Conviction Rule

Michigan permits a first-offense operating-while-intoxicated conviction to be set aside by petition under MCL 780.621, with a one-conviction lifetime limit. The research does not specify how out-of-state or later OWI-category records are counted; confirm the full record before filing.

This is petition-only. The Clean Slate automatic sealing system categorically excludes all OWI convictions, regardless of severity or how long ago they occurred.

Eligibility Requirements

Three conditions must all be satisfied:

1. One lifetime OWI conviction. The research identifies a one-conviction lifetime limit but does not detail how out-of-state or later OWI-category records are counted.

2. Five-year waiting period. Measured from the latest of sentence imposition, completion of probation, discharge from parole, or completion of imprisonment. The set-aside does not cancel outstanding fines, costs, or restitution.

3. Intervening convictions. A petition-based set-aside order cannot be entered if the applicant was convicted of any criminal offense during the applicable waiting period or has a pending criminal charge. The separate automatic rule applies to eligible felony and misdemeanor records, not first-offense OWI.

The conviction must not be a traffic offense that caused any injury or death; MCL 780.621c excludes those offenses from both petition and automatic set-aside.

What the Set-Aside Does and Does Not Clear

A granted OWI set-aside removes the conviction from the public MSP criminal history database and ICHAT results. The person can legally tell standard employers and landlords they have no criminal record for that offense.

The set-aside order cannot require removal of the OWI from the Secretary of State driving record under MCL 780.621c(5). That driving record is separate from the MSP criminal history system; who can obtain or see it depends on the applicable access rules.

Access to the nonpublic set-aside record is limited by MCL 780.623 to listed entities and statutory purposes. The product research does not establish how a particular court may use a set-aside OWI in a later case.

How to File

The petition follows the same eight-step process as any Michigan set-aside:

1. Run an ICHAT search ($10) to confirm the conviction's public status.
2. Obtain a certified copy of the judgment of conviction from the convicting court.
3. Complete SCAO Form MC 227 — do not sign until before a notary.
4. Get fingerprinted on Form RI-008 ($15–$25 at a local sheriff's office or MSP post).
5. Mail copies to the Michigan State Police (with the fingerprint card and $50 check), the Attorney General, and the original prosecutor.
6. File the original notarized MC 227 with the convicting court clerk.
7. Prepare a rehabilitation portfolio: substance abuse treatment completion records, employment history, community involvement, letters of support.
8. Attend the court hearing. Timing depends on local practice; the hearing cannot be held until the MSP report is received.

For OWI set-asides, the product research recommends preparing evidence such as sustained sobriety and completion of court-ordered substance-abuse programming. Local prosecutor policies on OWI objections vary.

Costs

Each petition includes a $50 MSP background-check processing fee. Fingerprinting, certified copies, mailing, and other local costs vary. The $10 ICHAT search and $30 MSP Personal Records Check are optional record-verification searches, not court filing fees. MC 227 has no direct court filing fee.

The market research reports private expungement attorney fees of $1,500 to $5,000 per petition. Straightforward single-conviction cases with no prosecutor objection can be handled pro se.

The Michigan Expungement & Record Sealing Guide includes the full OWI petition walkthrough, hearing preparation checklist, and the post-clearance background check dispute kit for removing the conviction from commercial screening reports.

See more Michigan guides →