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New Laws Will Allow Thousands Of Michiganders To Clear One-Time Drunk Driving Convictions

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Legislation signed by Gov. Gretchen Whitmer on Monday will allow people with one-time convictions for operating while under the influence to ask a judge to wipe that criminal record from public view.

The bills got bipartisan support from state lawmakers, who say expungements will give people a fresh start as they apply for jobs and housing.

Michigan's chapter of Mothers Against Drunk Driving opposed the changes.

“It sends clearly the wrong message by passing the expungement bill that we don't think alcohol impairment is that serious," said Doug Scoles, MADD's statewide executive director.

Scoles said legislators rejected a compromise supported by MADD that would have required people seeking expungement to show they used an interlock device for six months. The device stops people from driving unless they pass a breathalyzer test.

State officials estimate 200,000 Michiganders will become eligible for expungement because of the changes.

The laws take effect in six months and people who completed probation more than five years after the effective date are eligible. Offenses that caused death or serious injury are not eligible.

In a statement, Shelli Weisberg, political director for the American Civil Liberties Union of Michigan, called the new laws "another step forward" in allowing people with prior convictions to contribute to society.

"We are honored to work alongside many coalition partners to shed light on the needlessly harsh and racially-biased criminal legal system that especially impacts youth, Black people and communities of color," Weisberg said.

Whitmer signed separate legislation this week to prevent Michigan from raising its legal limit for driving from a blood alcohol content of 0.08 to 0.10.

The existing laws setting the BAC ceiling at 0.08 were otherwise set to expire.

Sarah Lehr is a state government reporter for Wisconsin Public Radio.
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