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Michigan’s Expungement of Certain Drunk Driving Convictions


Michigan recently passed two bills (HB 4219 and HB 4220) that will allow the expungement of convictions for a first violation of operating while intoxicated (OWI) under certain circumstances. The governor also signed legislation that continues Michigan’s legal blood alcohol content (BAC) level for driving at .08 (rather than increasing the limit to .10).

The bills, which are effective immediately, give those with OWI convictions (an estimated 200,000 people) the option to seek expungement of their first offense five years after probation ends. Applicants must submit a petition to the court for review and determination by a judge. Incidents that caused death or serious injury to a victim are not eligible for expungement.

Together, the bills allow for the criminal record expungement of first-time offenses for:

  • Any person operating a vehicle with a BAC of .08 or more
  • Any person operating a vehicle while visibly impaired by alcohol or other controlled substance
  • A person under 21 years old operating a vehicle with a BAC of .02 or more
  • Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance

Do you have any questions about what laws like this mean for your own background screening processes? Contact us to learn more about a thorough screening package.

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