Legal Question in DUI Law in Michigan

OWUI and criminal record

First of all is an OWUI considered a misdomeanor? If so, how long does it stay on your record? If not, am I safe to tell potentail employers that I have never been convicted of a Felony or misdomeanor?


Asked on 5/27/08, 9:43 pm

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: OWUI and criminal record

Yes, if it is your first offense. It stays on your criminal record forever, unless you have it expunged, or unless you were convicted under the Youthful Offender Act, and had your records sealed.

It also shows on your driving record, which you can request from the State for $7.00 to see if it's on there. If the conviction was old, like 10 years or more, and depending on where it occurred, it might not show up (all courts are different now - it depends on how well they kept records).

You should check your driving record and do a criminal history check before answering any employment questions, as you do not want to answer dishonestly, even if an innocent mistake, as that will ruin your chance of getting a job. It is best to know what's on your record, answer honestly (and possibly explain it), and take the risk that you might still get the job. Many employers run criminal background checks now, and therefore, they will discover any dishonesty.

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Answered on 5/27/08, 9:51 pm
Timothy Klisz Klisz Law Office, PLLC

Re: OWUI and criminal record

I would disagree slightly with Audra. A driving misdemeanor cannot be expunged, per statute. It will always be on your criminal record. Contact me to discuss further. Tim Klisz www.kliszlaw.com

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Answered on 5/27/08, 10:03 pm


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