You asked:
I was convicted of OWVI (impaired) first offense in Michigan in June 2005. What are my options for expungement and obtaining a liquor license?Additional Details:My lawyer who plead it down from intoxicated told me it would be sealed after seven years, but would reappear if I was arrested for or convicted of an additional alcohol-related misdemeanor. Is this true? If not, what are my options? Also, define "sealed"? Would I have to admit to it if I am asked during jury duty selection, for example? I haven''t had any incidences since then; haven''t even been pulled over. How does a OWVI affect my ability to obtain a liquor license in Michigan? How do the liquor license laws in Michigan compare to other states in this regard, roughly? Thank you for your help.
Operating While Intoxicated and Operating While IMpaired are both considered misdemeanors and traffic offenses. Michigan does not permit the expungement or setting aside traffic offenses, therefore, neither of these crimes can be taken off of your record.
Normally, criminal cases are not "sealed." I can speculate that your attorney may have been indicating that after 7 years, an OWI or IMpaired conviction cannot be used to enhance a new charge to a 2nd offense. The law has changed, and now permits prior convictions for OWI and Impaired to be used any time to enhance a new charge to OWI 3rd, which is a felony. IN order to know whether your case was "sealed," you should call the district court where your conviction took place, and ask the Clerk.
Sealing a case does not expunge or set it aside; therefore, if you are properly asked if you have ever been convicted of a drunk driving offense or a misdemeanor, the proper answer is, "Yes."
I am unable to answer your question about a Liquor LIcense. I would suggest your call the Liquor Control Commission.
Stu Shafer
Answered on Jan 18th, 2012 at 3:15 PM