I occurred three OWI convictions in the state of Michigan , including one under the age of 18 and therefore was charged on the third offense with a felony. I am already aware that expungement is not an option and that pursuing a pardon is near impossible. I'm just wondering if there would be any more avenues or challenges I may present or pursue in attempting to get this off my record? Even possible arguments regarding the legislation that made it possible to make repeat owi a felony.
Unfortunately for you, there isn't much you can do less than allowing time to be on your side and having your OWI's slowly become a part of your past. The laws keep getting tougher on drinking and driving and expect that trend to continue as no legislator wants to look as though they support drunk drivers. I wish you luck!
Law Office of Edward J. Sternisha, PLLC
448 Leonard St NW
Grand Rapids, MI 49504
The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.
As you noted, in Michigan, one can not file an Application for Order Setting Aside Conviction (the technical term for an "expungement") concerning a traffic offense. The best advice I can give you is to periodically touch base with a lawyer who is well versed in Expungement Law to see whether the legislator sees fit to amend the current Expungement statute (MCL 780.621 et seq.) in the future. I wish you all the best of luck. Warmest regards, Matt Catchick.