how-to
How to Set Aside a Michigan OWI: Eligibility Rules
Last Updated: November 1, 2026
Quick Summary
Some Michigan OWI convictions can be set aside under the michigan owi expungement law effective February 19, 2022, but eligibility depends on the offense type, how many convictions you have, when they occurred, and whether any excluded offense appears on your record.
- The Michigan OWI set-aside law took effect on February 19, 2022.
- Excluded offenses, such as those involving death or serious injury, cannot be set aside under this law.
- The waiting period is calculated from the statute's triggering event, not always the conviction date.
- Each conviction has its own clock and should be mapped separately before filing.
- Pull a certified judgment of sentence and driving record before confirming eligibility.
Table of Contents
- Can a Michigan OWI Conviction Be Expunged?
- First-Offense OWI Eligibility Under the Law Effective February 19, 2022
- Calculating the Michigan OWI Expungement Waiting Period
- How Many OWI Convictions Can Be Set Aside and Repeat Offenses
- Step-by-Step Michigan OWI Set Aside Application Process
- Step 1: Pull your certified record before you do anything else
- Step 2: Confirm eligibility against the statute, not against a summary
- Step 3: Calculate and document the waiting period
- Step 4: Prepare the application packet
- Step 5: File in the right court and serve the right parties
- Step 6: Calendar the hearing and prepare for it
- Step 7: After the order is signed
- How an OWI Set Aside Affects Your Driving Record and License
- Booking Your Eligibility Review with Coppins Law Group
- Frequently Asked Questions
Michigan lets many people with an OWI on their record ask a court to set it aside under the michigan owi expungement process, but eligibility depends on specific rules. Under it, an estimated 200,000 people with one OWI or OWVI conviction could ask a court to set the conviction aside, according to Chapman Law Group's 2021 expungement FAQ.
Can a Michigan OWI Conviction Be Expunged?
Yes, some Michigan OWI convictions can be set aside, but not all of them. Whether yours qualifies depends on the type of conviction, how many you have, when it happened, and whether any excluded offense is involved.
Eligibility is not the same as getting relief. A University of Michigan Access to Justice Lab study summary found that about 6.5% of people legally eligible for expungement in Michigan obtained it within five years, per "Expungement in Michigan: Between Promise and Outcomes".
First-Offense OWI Eligibility Under the Law Effective February 19, 2022
A first-offense OWI is generally the most favorable situation under the new law. For a plain overview of what a first OWI case involves, see First Offense OWI: What Happens and What to Expect. Most people with one qualifying conviction and no excluded offenses should review their options closely.
Effective Date and Which Convictions Are Covered
The law took effect on February 19, 2022. It covers qualifying OWI and OWVI convictions. Convictions that occurred before the effective date may be treated differently than newer ones, so check the conviction date against the statute.
- Confirm the conviction date
- Confirm the offense is an OWI or OWVI conviction
- Confirm no excluded offense appears on your record
Offenses Excluded from Expungement
Some offenses cannot be set aside under this law. Excluded categories generally include serious offenses tied to harm to others, such as those involving a death or serious injury. Felony-level offenses and certain other charges may also be excluded.
Because the exclusions are specific, read your full criminal history rather than relying on the label of one charge.
Calculating the Michigan OWI Expungement Waiting Period
The waiting period is where self-assessments often go wrong, because the clock does not always start on the conviction date. To compare how Michigan's broader expungement rules work, read How to Qualify for Michigan Clean Slate Expungement. The statute specifies the triggering event.
Identify the triggering event first
Start by reading the statutory language for the offense you are trying to set aside and identify which event it uses, such as the date of conviction, the date of sentencing, or the date the sentence was completed.
How probation, jail, and other sentence terms move the date
How probation, jail, fines, and other sentence terms affect the completion date depends on the statute and court records, so confirm the completion date against those official sources.
Worked example of the arithmetic
Suppose the judgment of sentence shows a conviction date in 2019 and a probation term that was discharged in 2023. The correct starting point is the 2023 discharge date, not the 2019 conviction date. Add the statutory interval to 2023 and you have the earliest filing date. If you had counted from 2019, you would have filed years too early and had the petition dismissed, or, worse, filed and lost the filing fee.
Multiple convictions: count each one separately
Each conviction has its own triggering event and its own clock. Do not average them and do not assume the most recent one controls. Map each conviction on its own line: offense, conviction date, sentence, sentence completion date, earliest filing date. Then decide which conviction, if any, is worth filing on first.
Offense date versus conviction date
Check the offense date and the conviction date against the statutory text, since the statute's treatment of convictions before the February 19, 2022 effective date should be confirmed in the statute itself.
Verify the current interval before you file
Confirm the current required interval against the official Michigan statute on the day you plan to file, and confirm with the court or counsel which version applies to your application.
If your record includes probation, unpaid balances, or more than one conviction, the calculation is worth a second set of eyes before you file.
How Many OWI Convictions Can Be Set Aside and Repeat Offenses
The number of convictions you can set aside matters, and the rules for multiple convictions should be checked against the statute.
If you have more than one conviction, a lawyer can help determine which, if any, qualify. Do not assume that because one conviction qualifies, all of them do.
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Step-by-Step Michigan OWI Set Aside Application Process
The sequence below outlines the general steps between deciding to apply and getting a signed order.
Step 1: Pull your certified record before you do anything else
Before you can confirm eligibility, you need the actual documents, not your memory of them. Learn which defense strategies shape the overall OWI case before you file, in Best Ways to Fight OWI Charges. Request a certified copy of your Michigan driving record and a copy of the judgment of sentence from the court that handled the case.
Step 2: Confirm eligibility against the statute, not against a summary
Match your record to the statutory criteria: the offense type (OWI versus OWVI), the conviction date relative to the February 19, 2022 effective date, whether any excluded offense appears anywhere on your record, and whether the waiting period has run. Do this in writing, a one-page eligibility memo you can hand to a lawyer or bring to the court, so you are not re-litigating the same questions at the filing window.
Step 3: Calculate and document the waiting period
Show your math. Write down the triggering event (conviction date or sentence completion date, whichever the statute specifies), the required interval, and the earliest filing date that results. If probation, jail, or another sentence term pushed completion later, use the later date and note why. Courts and reviewing attorneys respond far better to a petition that states the calculation than to one that asserts eligibility without support.
Step 4: Prepare the application packet
A complete packet typically includes:
- The application or petition form required by the court that handled the case
- A copy of the judgment of sentence and the case number
- Your certified driving record and criminal history, where required
- A statement of the waiting-period calculation described above
- Any supporting documents showing sentence completion (probation discharge, release paperwork)
Use the form the sentencing court actually requires. Courts differ on local practice, and filing the wrong version is one of the most common reasons a packet is returned rather than docketed.
Step 5: File in the right court and serve the right parties
File with the court that imposed the sentence, not the court in the county where you now live, and not a court that handled a later traffic matter. Confirm the filing fee with the clerk at the time you file, since fee schedules are set by court rule and local practice. Ask the clerk whether the prosecuting attorney must be served and whether the arresting agency receives notice.
Step 6: Calendar the hearing and prepare for it
The court reviews the petition and, in most contested or discretionary matters, sets a hearing. Bring the same documents you filed, plus originals. The judge or prosecutor may ask about the offense conduct, sentence completion, and any intervening convictions.
Step 7: After the order is signed
Once the court grants the set-aside, request certified copies of the order. Send a copy to the Michigan State Police so the criminal history record is updated, and keep a certified copy for your own files, you will need it for employers, licensing boards, and any future court matter.
Filing mistakes are the most common reason an otherwise eligible application is delayed. Coppins Law Group, PLLC can review the packet, eligibility memo, waiting-period calculation, forms, and service plan, before it goes to the clerk.
The application process has a clear sequence, and each step builds on the documents gathered before it.
| Step | What to do | Time or frequency |
|---|---|---|
| Step 1 | Pull certified driving record and judgment of sentence | Before anything else |
| Step 2 | Confirm eligibility against the statute in writing | Before filing |
| Step 3 | Calculate and document the waiting period | Use the later completion date |
| Step 4 | Prepare the court-required application packet | Use the sentencing court's form |
| Step 5 | File with the sentencing court and confirm fees and service | At filing |
| Step 6 | Calendar the hearing and bring originals | When the court sets it |
| Step 7 | Request certified copies and notify State Police | After the order is signed |
How an OWI Set Aside Affects Your Driving Record and License
Setting aside an OWI can change how the conviction appears on your criminal record, but driving-related consequences may follow separate processes.
Many people with an OWI on their record also need help restoring their driving privileges. Protect your rights with a trusted administrative attorney in Mt Clemens, MI on license appeals and restoration. Coppins Law Group, PLLC handles administrative matters tied to driver's licenses.
Booking Your Eligibility Review with Coppins Law Group
Eligibility under Michigan's OWI set-aside law depends on details that are easy to misread, including dates, offense types, and your full record. A consultation with Coppins Law Group, PLLC can clarify whether your conviction qualifies and what timeline applies.
Get your free initial consultation with Coppins Law Group, PLLC to review your record, your waiting period, and your next steps.
Frequently Asked Questions
Can an OWI conviction be expunged in Michigan?
Some OWI convictions can be set aside in Michigan, but eligibility depends on the offense, the number of prior convictions, the time elapsed since sentence completion, and whether the offense is excluded by statute. The law that took effect February 19, 2022 allows certain first-offense OWI and OWVI convictions to be set aside through a court petition. Not every OWI qualifies, and aggravated or injury-related offenses are generally excluded. Confirm your specific record against the current statute or with a qualified attorney before filing.
How many OWI convictions can be set aside in Michigan?
Michigan law limits how many convictions a person may have set aside, and the limit depends on the statute and the types of offenses involved. Set-aside rules for OWI convictions are separate from general expungement rules for other misdemeanors and felonies. Because the count and type of prior convictions directly affect eligibility, review your full criminal history before assuming a single OWI can be cleared. Coppins Law Group can review your record and explain how the limits apply to your case.
How long do you have to wait to apply to set aside an OWI conviction in Michigan?
A waiting period applies before you can petition to set aside an eligible OWI conviction, and it is measured from the point your sentence was completed, not from the date of arrest. The exact length depends on the offense and your record, so calculate it from your official sentence completion date. Filing before the waiting period ends can result in denial. Verify the current statutory period before you file.
Does an OWI expungement restore driving privileges in Michigan?
A set aside removes the conviction from public records available to most employers and landlords, but it does not automatically restore a driver's license. License suspensions and reinstatement requirements are handled through the Michigan Secretary of State and must be addressed separately. Review any remaining license obligations with the Secretary of State or a qualified attorney to understand what your set aside does and does not change.
