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

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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Answered on 8/26/13, 4:04 am
Edward Sternisha Law Office of Edward J. Sternisha, PLLC

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!


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Answered on 8/26/13, 10:07 am

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