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Michigan: Adult Convictions (MI-C-10)
Records relating to a first violation operating while intoxicated conviction may be set aside. MCLS § 780.621c(3)-(4).
Record Detail(s)
First offense
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Discretionary
Hearing
No statutory language
Clearance Process
Petition-based
Remedy
Set Aside
Ineligible Category or Citation
See exclusions in MCLS § 780.621c.
Procedure General
In making a determination whether to grant the petition to set aside a first violation operating while intoxicated offense conviction, the reviewing court may consider whether or not the petitioner has benefited from rehabilitative or educational programs. MCLS § 780.621c(4). The court may deny the petition if it is not convinced that the petitioner has either availed himself or herself or benefited from rehabilitative or educational programming he or she has completed. MCLS § 780.621c(4).
Fees
There is no statutory language regarding fees.
Effect
No statutory language.
Waiting Periods
There is no waiting period.
