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Governor Whitmer signs final piece of legislation to expunge first-time OWI offenses

Whitmer
Posted at 11:37 AM, Sep 10, 2021
and last updated 2021-09-10 11:40:44-04

LANSING, MI (WXYZ) — On Friday, Michigan Governor Gretchen Whitmer signed Senate Bill 400, which strengthens the expungement legislation that the governor signed last month for first-time violations of operating while intoxicated (OWI).

The governor also signed Senate Bill 408, which strengthens judicial procedures.

“No one should be defined forever by a mistake they made in the past,” Whitmer said. “Senate Bill 400 strengthens recent expungement legislation I signed last month to allow an estimated 200,000 non-repeat OWI offenders to have the opportunity for a second chance at a clean record. In total, this legislation will help us remove barriers so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way.”

Senate Bill 400 will require a person seeking an expungement of a first-time OWI offense to wait at least five years after the following event to apply:

  • Imposition of the sentence for the conviction the applicant seeks to set aside
  • Completion of probation
  • Discharge from parole
  • Completion of any term of imprisonment

"I want to thank the Governor for her further considerations of this issue and for signing this bill,” Senator Ed McBroom ( R-Vulcan) said. “This is an amazing opportunity for perhaps over 200,000 citizens who made one error years ago to have new job opportunities and personal freedom."

Senate Bill 408 will allow defendants to appeal a court’s decision to set aside a jury verdict in hopes of ensuring jury verdicts are not overturned lightly.