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DUI / DWI

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A DUI/DWI conviction will appear on a criminal background check requested by a prospective employer, landlord, or licensing authority, for example. Generally, the only way to remove a DUI/DWI conviction from appearing in some or all of such background checks is to have it expunged or sealed—which is only possible in limited circumstances.

In Michigan, a DUI/DWI (Driving Under the Influence/Driving While Intoxicated) conviction is considered a criminal offense and will appear on a criminal background check. This can affect an individual's opportunities when it comes to employment, housing, and professional licensing. Michigan law does provide a mechanism for expungement of certain criminal convictions, which would remove them from public criminal records. However, DUI convictions were not eligible for expungement until recently. Under the 'Clean Slate' legislation that took effect in April 2021, certain DUI offenses may now be eligible for expungement. The first offense operating while intoxicated (OWI) can be set aside five years after probation ends or five years after release from imprisonment. It's important to note that not all DUI offenses qualify for expungement, and the process involves petitioning the court and meeting specific criteria. Expungement is not automatic and requires a judge's approval.
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