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Thursday, September 17, 2009
By Michael Nichols
Categories: Drunk-Driving
Although many convictions in Michigan can be removed from a person’s prior record, those who are convicted of a DUI are not able to remove that conviction from their record. The Michigan statute on setting aside prior convictions (MCL 780.621) does allow a person to ask the court to set aside a prior conviction, under certain circumstances. Some of the requirements are that the person can only have one conviction on his/her prior record, at least 5-years have passed since the person was sentenced or completed a term of incarceration, the prior conviction was not a capital offense (a felony where the maximum possible penalty was Life), and the prior conviction did not require a person’s registration on the Sex Offender Registry. In addition to those requirements, “traffic offenses” are specifically excluded from the statute. Traffic offenses are those convictions that involved a violation of the Michigan Motor Vehicle Code – DUIs fall under that category of conviction. In other words, if someone is convicted of a DUI, that offense will stay on the person’s record permanently.
Attorney Brendon Basiga cautions that future ramifications of having a DUI-conviction on a person’s record, should be carefully considered when dealing with DUI cases. While the Secretary of State may eventually restore a person’s driving privileges, background checks, security clearances, and even some scholastic scholarships may be affected. A person facing a DUI charge should not only look to the immediate consequences, but also to how a conviction of this nature will affect his/her future employment or academic prospects. These considerations should be carefully discussed when deciding what approach to take in any DUI case.