Legal Question in Criminal Law in Michigan

I was convicted of a misdemeanor OWICS in Michigan in 2/2010. This is the only trouble I have ever gotten into other than speeding tickets. I have a BBA and can not get a job because they do background checks. Is there a way to get this expunged?

Asked on 8/25/13, 10:48 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney
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If I am deciphering your acronyms accurately, you were convicted of operating while intoxicated by a controlled substance? That cannot be expunged / set aside. The status that controls setting aside convictions says that "motor vehicle code" convictions cannot be set aside.

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8/26/13, 4:04 am
Edward Sternisha Law Office of Edward J. Sternisha, PLLC
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Unfortunately your OWPCS cannot be expunged or set aside. The reason the legislature will not allow it to be set aside is because alcohol/drug related driving convictions are now considered for the rest of your life. Meaning, that conviction will be considered a first offense for the rest of your life if you are ever charged with a third offense. I represent people all the time on alcohol/drug related driving charges and many people are in your shoes. They face the difficulty of finding a good job because of a single conviction. The more time between your conviction and when you apply may help, along with documentation that you have worked at living a sober lifestyle. I wish you luck!

Ed

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8/26/13, 10:07 am

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