Driving under the influence of drugs or alcohol is highly illegal. Under Michigan law, any person operating a motor vehicle with a blood alcohol content of 0.08 or above may be held liable for a DUI or operating a vehicle while intoxicated, or OWI. If found with such alcohol levels in your system, consequences could include but are not limited to jail time, counseling, probation, license revocation, or fines. Before 2021, Michigan DWI and OWI convictions legally remained on your driving record indefinitely. However, the amended Clean Slate Bill allows for DUI expungement under various circumstances.
The new DUI expungement law in Michigan is listed under the amended 2021 Clean Slate legislation. This is a set of seven bills all related to expungements of criminal records. Specifically, Michigan House Bills 4219 and 4220 expand expungements for some DUI offenses. This includes the potential ability for first-time offenders to clear their records of their DUI or OWI.
Not everybody who is charged with a DUI is eligible for expungement. There are many specific determinations that either qualify or deny an individual for DUI expungement in Michigan. First, you may have only been convicted of a DUI once. After your conviction, you must wait at least five years before applying for expungement. In these five years, under no circumstances can you have been arrested or convicted of another crime. In simple terms, if your only conviction of a crime was a DUI in the past five years, you may be eligible for expungement.
If your DUI conviction occurred while you were operating a commercial vehicle, you will be ineligible for DUI record expungement. Further, if you directly killed or injured another individual while operating a vehicle during your first-time DUI conviction, you may not apply for expungement.
If you meet the qualifications to apply for DUI record expungement, there are many necessary steps to take. This criminal process is lengthy and can be emotionally tolling. To be eligible, your application must include a copy of your criminal record and fingerprints obtained by a police station. This application must be notarized as well. When completed, it should be delivered to the prosecutor, state police, and Attorney General. The last step of expungement is a hearing in a court of law. For this reason, it could be beneficial to hire a lawyer who has experience defending criminal cases in court.
When it comes to expunging your DUI record in Michigan, there are many lengthy and complex steps required. It’s important to consider hiring an experienced DUI attorney to support you through this process and ensure all your requirements are met. If a mistake is made in your paperwork and application, you may have to wait three years to request another expungement hearing. For this reason, working with a knowledgeable DUI attorney like those at Lucido & Manzella, P.C., could benefit your case. To request an appointment with our experienced attorneys, contact us today.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
Mr. Manzella represents businessman William Weber, who admitted to falsifying an invoice at ex-Macomb prosecutor Eric Smith’s request. He pleaded guilty to misdemeanor charges of conspiracy to commit a legal act in an illegal manner, with felony offenses dismissed during the sentencing.
L’Tonya Marie Payne, a 51-year-old black woman, is facing misdemeanor assault charges following an altercation. The complaining witness, who is white, stated the police would not believe Ms. Payne due to her skin color. Attorney Vince Manzella is working alongside Ms. Payne to fight these allegations, as she was arrested simply on the basis of the witness’s word.
Joseph Wolf, former director of the Detroit Stars, was sentenced to two years of supervised probation. Wolf pleaded guilty to embezzling funds from the nonprofit youth baseball league. Typically, the felony count can result in up to 10 years in prison, a fine of $15,000, and other charges, but Lucido & Manzella, P.C. was able to help the client receive a reduced sentence.
Charles Frontera, a former Roseville city councilman, was sentenced to a year of probation after a misdemeanor charge was dismissed at sentencing. During a pretrial conference, Mr. Frontera pleaded guilty to substance possession, and in doing so, Attorney Manzella was able to protect the client from severe charges.