Michigan  |  Criminal Law

Legal Question

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

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?

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Answered on: 8/26/13, 4:04 am by Neil O'Brien

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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Eaton County Chief Assistant Prosecuting Attorney 1045 Independence Blvd Charlotte, MI 48813

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Answered on: 8/26/13, 10:07 am by Edward Sternisha

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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Law Office of Edward J. Sternisha, PLLC 448 Leonard St NW Grand Rapids, MI 49504

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