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Is there any course of action to take to remove a felony OWI third from my record?

Rogers City, MI |

I received 3 OWIs, resulting in a felony conviction, first in 2002 at 17. During this time period , I graduated from college and gained full-time employment. After receiving the OWI third, I quit drinking and have maintained sobriety. In that time I have received early release from probation and graduated with a bachelor's degree. I have put forth every effort to better myself, to no credit to the state of Michigan, I have become a reformed person. Expungement is not an option, can I appeal a prior OWI for a new result, challenge the constitutionality using the 8th amendment, draft legislation for introduction to the legislature, etc? I am desperate, the stigma, employment issues and loss of gun rights for a non-violent offense seems excessive. I am looking to hire someone if competent.

Third OWI was in 2009, received an early release from probation and live in Colorado now, I would be interested in restoration of gun rights.

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Attorney answers 4

Posted

Drunk driving convictions are not eligible for an expungement. Unless you can convince the prosecutor to dismiss those old cases, you probably don't have any effective options.

Asker

Posted

Thank you for the advice. I will attempt to pursue this option with all the prosecutors, I may be able to pull some strings regarding the first one. I'd really just like to get rid of the felony and I know plenty of people that have had their OWI's dropped to careless driving charges just usually before they plead, not after.

Posted

See the other answer I gave to your question. In short, the answer is no.

Posted

I understand your OWI 1 conviction was in 2002 but when was your OWI 3 conviction? You may be able to regain some of your gun rights even though you cannot set aside any of the OWI convictions.

Asker

Posted

Third OWI was in 2009, received an early release from probation and live in Colorado now, I would be interested in restoration of gun rights.

Jamil Kamel Khuja

Jamil Kamel Khuja

Posted

In Michigan, unless it's a specified felony, you can regain eligibility to possess a firearm three years after completing the terms of your sentence (i.e., probation & all fines & costs). You still wouldnt qualify for a CPL but could keep one in your home & openly carry it but not in a car. However, since you now live in Colorado, you'll need to find out what their law are regarding felons possessing guns.

Asker

Posted

Bars possession of firearms for felons, but currently there is a bill, House Bill 1085 in the state legislature supporting the restoration of gun rights for non-violent felons.

Posted

There is no way to get this off your record under the traffic code. However, you may be able to restore your gun rights after a period of time. Consult an attorney that is on your county gun licensing board. Good Luck!

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