Clearing a DUI From Your Record in Michigan

Only a first operating-while-intoxicated offense can be set aside, by application, 5 or more years after the sentence ends. A person may do this only once in a lifetime. The court may consider whether the person took part in or benefited from rehabilitative or educational programs. Other OWI convictions, traffic offenses causing injury or death, and commercial-vehicle offenses cannot be set aside. OWI is not set aside automatically, and setting aside a traffic offense does not remove it from the Secretary of State driving record.

File an application to set aside the conviction, signed under oath, in the court where the conviction happened; use a separate application for each court. Include a certified record of each conviction and the required statements. Send a copy of the application, one set of fingerprints, a certified copy of the judgment or register of actions, and the $50 fee to the Michigan State Police, which checks state and FBI records and reports to the court (allow about 8 weeks). Serve the application on the Attorney General and the prosecuting attorney, who may contest it. Victims of assaultive crimes and serious misdemeanors are notified and may speak. The court may hold a hearing and require affidavits.