How long an OWI stays on your record in Michigan
Verified · next review
Two records, two answers. On the driving record: permanent — a set-aside does not touch it. On the criminal record: a first offence may be set aside after five years.
Michigan also gives the reviewing court a specific reason to say no. In deciding a first-violation OWI set-aside the court may consider whether the applicant took part in, or benefited from, rehabilitative or educational programming, is not bound by what was said at sentencing, and may deny the petition if it is not convinced on that point.
| Question | Answer in Michigan |
|---|---|
| On the driving record | Permanent — a set-aside does not touch it |
| On the criminal record | A first offence may be set aside after five years |
| Expungement or sealing | Only in limited circumstances |
| Counts against a later offence | Michigan measures a second offence against a seven-year window and imposes no window at all on the third. |
| Source | Michigan Compiled Laws § 780.621c · Michigan Compiled Laws § 780.621d, waiting periods · checked 2026-09-06 |
Can it be cleared in Michigan?
Michigan generally bars setting aside a conviction for operating while intoxicated. The exception, added in 2021, is a single first-violation OWI, and only if you have never had one set aside before. The application cannot be filed until five or more years after the last of: sentencing, completion of probation, discharge from parole, or completion of any term of imprisonment.
Of the 15 states in this layer, 8 close the door on a conviction entirely, while Kansas will expunge one after a waiting period. So the blanket advice you find online — that a OWI can never be cleared, or that it always can after seven years — is wrong in both directions depending on where you were convicted.
The part of the Michigan rule that catches people
This is the rule that surprises people most: even when a court grants the set-aside, the statute says the order must not require the conviction to be removed from the driving record the Secretary of State maintains. The criminal record can close while the driving record keeps the OWI in plain view, which is what an employer pulling an MVR will see.
Why the answer is always two answers
The driving record is kept by the licensing agency to decide licences, insurance surcharges and how hard to punish a second offence. The criminal record is kept by the courts and the state police to answer background checks. They are created at different moments, governed by different statutes, and cleared — where they can be cleared at all — by different procedures.
That is why someone can be told truthfully that their conviction was “dismissed” and still fail a driving-job screening years later. If the job involves a vehicle, the record that matters is the one at the DMV.
What else is still running in Michigan
The record outlasts every other obligation, which is why it is worth checking last rather than first. The programme, the filing and the device all end on their own clocks.
Record questions in Michigan
How long does a OWI stay on your record in Michigan?
On the driving record, permanent — a set-aside does not touch it. On the criminal record, a first offence may be set aside after five years. Those are two separate archives kept by two different agencies, and the answer people are usually given conflates them.
Can an OWI be expunged in Michigan?
Only in limited circumstances. Michigan generally bars setting aside a conviction for operating while intoxicated. The exception, added in 2021, is a single first-violation OWI, and only if you have never had one set aside before. The application cannot be filed until five or more years after the last of: sentencing, completion of probation, discharge from parole, or completion of any term of imprisonment.
How long does a prior OWI count against you in Michigan?
Michigan measures a second offence against a seven-year window and imposes no window at all on the third. That window is a separate question from how long the record is visible — a conviction can stop counting for sentencing while remaining perfectly visible to an employer.
Will an OWI show up on a background check in Michigan?
It depends which check. A criminal-history search looks at the court record; an employer who pulls a motor vehicle record sees the driving record instead, and those clear on different schedules. In Michigan the driving record holds it permanent — a set-aside does not touch it, which is why driving jobs keep asking about it long after the case is closed.
Does clearing the court record clear the driving record in Michigan?
No, and that assumption is the single most common mistake in this area. The two are held by different agencies under different statutes; an order aimed at one does not bind the other unless the statute says so explicitly. In Michigan: this is the rule that surprises people most: even when a court grants the set-aside, the statute says the order must not require the conviction to be removed from the driving record the Secretary of State maintains. The criminal record can close while the driving record keeps the OWI in plain view, which is what an employer pulling an MVR will see.
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.