HB 4238 Summary

• Allows first-time operating while intoxicated (OWI) convictions to be set aside upon application, with the restriction that a person may only do this once in their lifetime.

• Defines "first violation operating while intoxicated offense" as OWI violations under Michigan Vehicle Code section 625(1), (2), (3), (6), or (8) committed by individuals with no prior OWI convictions, including substantially corresponding local ordinances and laws of Indian tribes, other states, and the United States.

• Maintains prohibitions on setting aside felonies with life imprisonment maximum penalties, certain sexual assault and domestic violence convictions, commercial motor vehicle violations, and traffic offenses causing injury or death.

• Clarifies that first-time OWI convictions eligible for expungement upon application cannot be set aside automatically without application under section 1g.

• Takes effect April 11, 2021.