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EXPUNGE A DRUNK DRIVING CONVICTION

expungement

For the first time in Michigan, first-time OWI (a.k.a. drunk driving) offenders will be eligible for record expungement under House Bill 4219 and House Bill 4220.

The bills give those with OWI convictions the option to seek expungement of their first offense five years after probation ends. Applicants must submit a petition to the court, which would be reviewed and determined by a judge. Incidents that caused death or serious injury to a victim are not eligible.  

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 

However, an individual is not eligible if:

  • It is not a first time conviction;
  • The offense was committed while operating a commercial motor vehicle; or
  • The offense caused injury or death.

In signing the bill, Governor Whitmer said, “These bills allow Michiganders to move on from a past mistake in order to have a clean slate. We must clear a path for first-time offenders so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way.”

An estimated 200,000 Michiganders will become eligible when the law takes affect in February 2022.

Follow the link below to watch a video of Barry County Judge Schipper’s opinion on the new law and why he supports the change.

New law gives one-time offenders chance to wipe drunken driving convictions

If you would like to learn more about this subject, please contact Tripp, Tagg & Storrs, Attorneys at Law, call 269-948-2900 or 269-945-2242 or visit www.tts.law.

*This blog is intended for informational purposes only and does not constitute legal advice. Please consult an attorney before making important decisions regarding your individual situation.

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THE HOLMES YOUTHFUL TRAINEE ACT

The Holmes Youthful Trainee Act, commonly referred to as HYTA, provides individuals between the ages of 17 and 25* with a second chance. Under the act, an individual charged with a crime** may petition the court for “status” as a Youthful Trainee.

Stated plainly, if the court grants the individual status under the HYTA, he or she will be placed on probation. If he or she successfully completes the probationary term, the criminal conviction will not be entered onto his or her record. The court will dismiss all charges and his or her criminal record will remain clean.

There are extreme advantages related to HYTA. Having a criminal conviction on your record may cost you your job opportunities, education opportunities, and more.

If you would like to learn more about this subject, please contact Tripp, Tagg & Storrs, Attorneys at Law, call 269-948-2900 or 269-945-2242 or visit www.tts.law .

*In 2020 PA 396, the legislature amended the age range in the Holmes Youthful Trainee Act (HYTA), MCL 762.11 et seq. As a result:

  • Until October 1, 2021: To be eligible for HYTA, a person must have committed an offense on or after their 17th birthday and before their 24th birthday. MCL 762.11(1).
  • After October 1, 2021: To be eligible for HYTA, a person must have committed an offense on or after their 18th birthday and before their 26th birthday. MCL 762.11(2). If the offense was committed when the person was 21 or older, the prosecutor must consent to the client’s HYTA status. The prosecutor must also consult with the victim if the person committed certain offenses. Id.

**Certain crimes, such as murder, kidnapping, imprisonment for life crimes, major controlled substance offenses, traffic offenses, and some sex crimes are not eligible for HYTA.

This blog is intended for informational purposes only and does not constitute legal advice. Please consult an attorney before making important decisions regarding your individual situation.