Following the recent sweeping expansion in eligibility for post conviction relief in Michigan, legislation that would make most first-time drunk driving convictions eligible for expungement received a final approval from Michigan lawmakers. The bills, HB 4219, and HB 2220, were signed by Governor Whitmer on August 23,2021. <\/p>\n
The bills received tremendous bipartisan support, especially after Governor Whitmer pocket vetoed similar legislation earlier this year with no public explanation.<\/p>\n
The legislation will benefit more than 200,000 people in the state of Michigan who are carrying a criminal record that affects their lives in numerous ways. The bills pave a path to expungement for people with single driving under the influence convictions. Only first-time offenders are eligible under the new law change. <\/p>\n
Expungement, or set aside, seals the public record of a criminal conviction so it does not appear in a background check. An expunged drunken driving conviction would still remain visible to law enforcement, prosecutors, judges and the Secretary of State.<\/p>\n
Specific criminal convictions that may be expunged now include: driving with a blood alcohol content at or above 0.08; driving while visibly impaired due to any substance; anyone who is 21 or younger driving with a blood alcohol content of 0.02 or higher; driving under the influence of any amount of cocaine or other schedule I controlled substances. <\/p>\n
The bills give drivers with a qualifying conviction to seek expungement of their first offense five years after probation ends, as long as the offense did not lead to the death or serious injury of a victim. The petition for expungement, once filed, would be reviewed in court and decided by a judge. The bills also include guidance to judges, advising them to consider whether the petitioner has completed or benefited from rehabilitative or educational programs. <\/p>\n
Governor Whitmer also signed legislation that maintains Michigan legal blood alcohol content for driving at 0.08, eliminating a planned sunset that would have increased the limit to 1.0. <\/p>\n
Lawmakers who support the bills state they want to provide a second chance to people with one misdemeanor operating while intoxicated conviction that have proven that they have changed. <\/p>\n
This exciting change does not go into effect until February 19, 2022. We will likely begin taking clients for this service beginning in November of 2021. <\/p>\n","protected":false},"excerpt":{"rendered":"
Following the recent sweeping expansion in eligibility for post conviction relief in Michigan, legislation that would make most first-time drunk driving convictions eligible for expungement received a final approval from Michigan lawmakers. The legislation will benefit more than 200,000 people in the state of Michigan who are carrying a criminal record Continue reading