Background checks are used by employers, landlords, licensing agencies, law enforcement, and more to assess an individual’s history and suitability for certain jobs or assignments. A DUI, referred to as an OWI (Operating While Intoxicated) in Michigan, will be present on any background check conducted on a Michigan resident. This can pose an issue for many when seeking employment or housing. Work with a Marquette DUI lawyer during your intoxicated driving case.
Most DUIs or OWIs in Michigan are charged as misdemeanor offenses. Because they fall under the category of a criminal offense, any OWI charge will be present on your criminal record. Additionally, alcohol-related traffic offenses are reported on a person’s driving record. This means that if an employer or other entity ran a background check on you they would be able to see your OWI conviction on both your criminal and driving record.
If you are currently employed there may not be a need to worry. Unless your job requires you to report arrests or convictions your employer will likely not find out about your OWI. However, there can be other consequences.
Although a current employer may not be made aware of your new conviction, there are other ways having a conviction can adversely affect your life.
If you are unemployed or applying for new jobs, a future employer will be able to access your criminal record. Michigan has instituted fair chance hiring laws to prohibit discrimination based on an applicant’s criminal record. Even so, the potential employer will eventually be able to run a background check and access information about your criminal history. Unfortunately, an OWI conviction may raise concerns for certain employers.
Similar laws aid in allowing former convicts to secure housing, yet landlords may decide to accept another applicant over one with a criminal background. It is an unfortunate reality for many people.
As of 2022, it is possible to have an OWI removed from your criminal record. The following are the conditions that must be met to have your OWI charge expunged in Michigan.
According to these laws, if you were in an accident while you participated in drunk or high driving and it caused bodily harm or death to anyone else the charge will never be eligible for expungement. Additionally, the charge must remain on your record for at least five years before it can be considered for removal.
Another important caveat is that in one person’s lifetime, they can only have one OWI expunged from their record. This means that if you get an OWI expunged and ten years later get convicted with another, the second charge will never leave your record.
To discuss your eligibility and options for expungement speak with a skilled criminal defense attorney.
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