Michigan’s New Clean Slate Act
The Clean Slate Act went into effect April 2021, expanding those who can seek to “set aside” convictions. This was life-changing for many people who were previously not eligible to clean up their criminal record. However, until recently, the Clean Slate Act did not allow you to expunge a DUI in Michigan.
NOTE: The term “expungement” is not used in Michigan law, but we use it interchangeably with “set aside” since they have essentially the same meaning. Michigan law prohibits “Operating While Intoxicated,” but to make things easier we’ve chosen to use DUI instead.
The Clean Slate Act now allows you to expunge an unlimited number of misdemeanors. It also now allows you to expunge 3 qualifying felonies. Certain offenses were not eligible for set aside under the initial version of the Clean Slate Act. Notably, the Clean Slate Act does not apply to traffic-related offenses, and previously disqualified expunging a DUI in Michigan.
This is great news! Many people who were previously not eligible to have DUI convictions set aside now have a pathway to clean up their record.
You Can Now Expunge a DUI in Michigan
However, in August 2021, Michigan’s Governor signed into law an amendment to the Clean Slate Act expanding eligibility, specifically letting you expunge a DUI in Michigan in many circumstances.
Starting in February 2022, a person may apply to have a DUI set aside by a court, as long as it is their first DUI and they have not previously had an DUI offense set aside.
Related content: How to set aside a Michigan criminal record and restore Michigan firearm rights
Do You Qualify to Expunge a DUI in Michigan?
Expunging a DUI in Michigan may have become easier, but there are still specific requirements that you need to meet. These requirements include:
- You may not expunge a second DUI, but you may still expunge the first one.
- If the DUI offense caused death or injury to another person the offense is not eligible for set aside.
- You must wait five years from the when probation ended before expunging a DUI in Michigan.
- During that 5-year period they must also remain conviction-free.
All of the other rules about qualifying for a set aside in Michigan law still apply. If you have multiple or different convictions on your record, take our free and confidential expungement eligibility test to see if you qualify.
Get Started as Soon as You Can!
This law goes into effect February 2022. It is estimated that this law will impact nearly 200,000 people in Michigan. There is typically a rush of new filings as soon as a law like this goes into effect which can create an immediate backlog of cases. If you are interested in expunging a DUI in Michigan, you should begin the process immediately so that you can be ready to file when the courts start accepting these applications.
Related content: What is the Michigan Clean Slate Law
Collecting, organizing, and properly filing evidence to support a set aside petition is a complex process. Our team has years of experience in representing these matters before the courts all over Michigan. If you are interested in applying to have a conviction set aside in Michigan, we would be happy to fight for you!
There is no reason to wait. The first step is to take our law firm’s secure, confidential Eligibility Test to see if you qualify to expunge a Michigan DUI. You may also reach our legal team during business hours by calling 800-947-3732.
