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Clearances for Those Who no Longer Live in Michigan

Home Blog Driver's License Restoration Clearances for Those Who no Longer Live in Michigan

Key Takeaways

  • If you left Michigan with a suspended or revoked license, that becomes a “hold” if you try and get a license in another state.
  • A Michigan hold that can also prevent someone who previously had a license in a different state from being able to renew it.
  • If your driving privileges or license was revoked by the Michigan Secretary of State, the only way to get a license in a different state is to obtain a clearance of the resulting Michigan hold.
  • A clearance will remove the hold and allow a person to obtain or renew a driver’s license in his or her current state of residence.
  • Done properly, a clearance for someone who lives out-of-state follows the same process as a formal driver’s restoration appeal for a Michigan resident.
  • Our firm handles over 200 license matters each year, and we GUARANTEE to win every clearance appeal case we take.
  • The entire process can be handled remotely, so you don’t have to come back here for any reason.

If you had a Michigan driver’s license that was revoked for multiple DUIs, you will be unable to obtain a license in another state because of what is called a Michigan hold on your driving record.

A Michigan hold will also prevent someone who previously had a license issued by another state from being able to renew it.

This is also true for anyone who has (or had) a license issued by a state other than Michigan and picked up a 2nd or 3rd offense DUI here.

To fix this, you need what’s called a “clearance” to remove Michigan’s hold. Our firm GUARANTEES to do that in every driver’s license restoration and clearance appeal case we take.

OUR FIRM CAN HANDLE EVERY PART OF THE CLEARANCE APPEAL PROCESS REMOTELY, NO MATTER WHERE IN THE WORLD YOU LIVE.

Moving States? Your Driving Record Will Follow You.

A man with a beard, driving a car, hands on the steering wheel, appears focused on the road ahead, inside a vehicle with a prominent dashboard.

Although it is not a member, the Michigan Secretary of State will report any license suspension or revocation to what’s called the “National Driving Register” (NDR, for short). This is essentially a nationwide driving record clearinghouse of sorts.

Michigan does, however, participate in the interstate Driver’s License Compact. This is like the NDR, where member states share information about traffic violations.

According to its website, the NDR “maintains the computerized database known as the Problem Driver Pointer System (PDPS) which contains information on individuals whose privilege to operate a motor vehicle has been revoked, suspended, canceled or denied or who have been convicted of serious traffic-related offenses.”

This means that anyone whose Michigan license (or out-of-state license) has been suspended or revoked in any one state for traffic violations will have a “hold” on his or her driving record. As a result, the person cannot go to another state and get a new license, or renew one that was previously issued, until he or she clears up that hold.

In other words, a person’s license status will follow him or her from state to state. He or she must meet the reinstatement requirements of every state that has issued a suspension, revocation, or that has a “hold” before being able to obtain a valid license.

The hold will remain in place, even if a suspension period has run, unless and until the person has cleared up the outstanding matter.

HERE’S THE CATCH: Michigan did not always report to the NDR. In previous years, some people WERE able to obtain a license in another state, even though their driving privileges had been revoked here.

However, now that Michigan does report DUI convictions and convictions for other offenses like reckless driving, along with all license suspensions and revocations, to the National Driving Register, these people suddenly find themselves unable to renew a license in their home state because a Michigan hold has suddenly popped up.

The only way around this is to clear that outstanding Michigan hold.

Can You Get a License in Another State in Your License is Revoked in Michigan?

No, a person CANNOT obtain a new license in another state if his or her license (or driving privileges) have been revoked in Michigan. That revocation will appear as a hold in every other state.

The only way to get rid of it is to file and win a formal driver’s license clearance appeal with the Michigan Secretary of State, through its Office of Hearings and Administrative Oversight (OHAO).

No matter how old the underlying reason, a Michigan hold resulting from a driver’s license revocation cannot be “cancelled” or otherwise set aside unless a person files and wins a formal clearance appeal.

Example of How Michigan’s License Revocation Works

Consider these 2 “real world” scenarios:

1. Assume that Dan the Driver lived in Michigan before moving to Florida in 2019 –

  • Before moving, Dan accumulated 2 DUI convictions – the first in 2012, and the second in 2017.
  • As a result, his Michigan driver’s license was revoked.
  •  Upon going to the DMV in Florida, Dan learns that he needs a “clearance” of the Michigan revocation (hold) before he can get a license there.

2. Suppose, instead, that in 2012, while Dan lived in Michigan, he got his first DUI in Ohio.

  • Then, in 2017, he picked up his second here, in Michigan.
  • His Michigan license would still have been revoked by the Michigan Secretary of State for picking up 2 DUI’s within 7 years.
  • In fact, his Michigan license would have been revoked even if BOTH of his DUI’s occurred in Ohio, and before he formally changed his residency to Florida.

If you had a Michigan license and racked up multiple DUI’s – no matter where they occurred – and your Michigan license was thereafter revoked, you will be unable to obtain a driver’s license in a new state until you clear the Michigan revocation (or “hold”) on your driving record.

As noted above, that must be done through the Michigan Secretary of State’s Office of Hearings and Administrative Oversight (OHAO).

The proper way to obtain a clearance follows the exact same process as a regular driver’s license restoration appeal. The difference is that, instead of reinstating a Michigan driver’s license, a non-resident will win the removal of the Michigan hold (revocation) on his or her driving record.

This will then allow him or her to get a license in their new state, through its Department of Motor Vehicles (or “DMV”).

Related Article: License Revoked for DUIs? Here is the Process to Get It Back

What is the Difference Between a License Restoration and a Clearance in Michigan?

Here is a key distinction that must be understood:

  • A current Michigan resident whose Michigan driver’s license has been revoked by this state can only RESTORE his or her driving privileges here.
  • A non-resident cannot obtain a Michigan driver’s license and can only get a CLEARANCE that removes the state’s hold on his or her driving record.

The Secretary of State will only grant a clearance to someone who can prove that he or she lives out of state. It CANNOT grant a clearance to anyone who still lives in Michigan, even if they plan to move to another state.

It really translates to this:

  • If you live here, in Michigan you get your license back (meaning a license reinstatement and restoration of your driving privileges). This usually involves getting a restricted license for a year and having to use an ignition interlock (“BAIID”) device.
  • If you’ve moved out of Michigan, the Secretary of State can only release the “hold” created by your revocation. When this happens, people are almost always able to get a “full,” unrestricted license with no conditions or limitations in their new home state.

In other words:

  • Former Michigan Resident: Only eligible for clearance to get out of state license.
  • Current Michigan Resident: Only eligible for restored Michigan license.

Related Article: Preparing for the Michigan License Restoration Hearing

The Process of Removing a Hold in Michigan

The license clearance process for revocations (at least when done properly) is identical to the driver’s license restoration process:

  • A person must be legally eligible to file an appeal per Secretary of State driving record.
  • He or she must obtain a clinically accurate, favorable, and sufficient Substance Use Evaluation (SUE).
  • In addition, the person must round up AT LEAST 4 appropriately detailed testimonial letters of support.
  • These documents must be filed with the Secretary of State’s OHAO.
  • A hearing officer will then be assigned to decide the case at a formal appeal hearing.
  • One must prepare for the hearing AND the hearing officer who will be conducting it.

For all of that, anyone filing a clearance appeal must also meet the state’s legal requirements before he or she can prevail.

  • A formal clearance appeal is NOT required if the hold is the result of a suspended license.
  • In the case of a suspended license, the person must simply clear up whatever legal matters are outstanding in Michigan.
  • This usually applies to things like unpaid traffic tickets, or unresolved moving violations, like suspended license or other traffic offense charges.
  • Fortunately, because a person legally resides in a different state, he or she will NOT have to pay a reinstatement fee. That is ONLY required for driver’s license suspensions affecting current Michigan residents.

What You Must Prove to Win

A smiling woman leans on a car, holding car keys, conveying a sense of pride or new ownership, in an urban setting with trees and buildings in the background.

As a preliminary matter, one must understand that under Michigan’s DUI laws, anyone who racks up 2 DUI’s within 7 years, or 3 within 10 years is legally categorized as a “habitual alcohol offender.”

The law further explicitly states that any such person who has been convicted of driving under the influence multiple times is PRESUMED to have an alcohol problem.

This is the starting point for any license clearance or restoration appeal.

Below, we’ll first set out the actual law, then we’ll explain what it means in plain English. Here is Rule 13, which governs all Michigan driver’s license and clearance appeals:

The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following:

  1. That the petitioner’s alcohol or substance abuse problems, if any, are under control and likely to remain under control.
  2. That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.
  3. That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.
  4. That the petitioner has the ability and motivation to drive safely and within the law.
  5. Other showings that are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.

Now, let’s clarify what that means and how it works in simple terms.

To win a clearance appeal (or restoration case), a person must always prove 2 key things (and sometimes, a few more) by what the rule defines as “clear and convincing evidence.” The easiest way to understand “clear and convincing evidence” is to think of it as about the legal equivalent of hitting a home run.

First, a person must demonstrate that his or her [legally presumed] alcohol and/or substance abuse problem is “under control.”

This requires showing that he or she has been COMPLETELY alcohol and drug-free (this includes recreational marijuana) for a “legally sufficient” period of time. Normally, our firm requires a person to have been completely clean and sober for 18 months before we’ll move forward with a license appeal case.

Second, he or she must convince the hearing officer that his or her [legally presumed] alcohol and/or substance abuse problem is “likely to remain under control.”

This means a person must show that he or she has both the ability and commitment to remain permanently alcohol and drug-free. In other words, one must prove themselves to be a safe bet to remain clean and sober for life.

Related Article: Remove a Michigan “Hold” on Your Driving Record to Get a License in Another State

We Help Out of State Drivers With Revoked Driving Privileges in Michigan

My team and I have handled many license appeal cases for people who have never had a Michigan driver’s license but have picked up one or more DUI’s here.

If any DUI (or other serious offense) committed here causes a person’s driving privileges within the state of Michigan to be revoked, then a hold will be placed on his or her driving record.

This means an out-of-state driver travelling here will wind up with a Michigan hold on his or her driving record, even though his or her license was issued by a different state.

Although the Michigan Secretary of State has no authority to revoke a license issued by another state, the law does allow it to forbid someone to drive in this state with that license.

That prohibition will, in turn, becomes a Michigan hold on the person’s driving record.

As noted, our firm is often hired by people who had previously managed to get a license in another state but are then unable to renew it because of a Michigan hold.

If you live out of state and are unable to get or renew a license there because of a Michigan hold – whether you ever had a Michigan license or not, you’re going to need a clearance.

That’s where we come in.

Our firm GUARANTEES to win every driver’s license restoration and clearance appeal case we take. This means you don’t have to stress out over questions like “What are my chances?”

If we take your case, you WILL win a clearance of the Michigan hold on your driving record. You simply can’t do better than that.

Why Work With Our Team

As I will remind the reader at the end of this piece, my team and I really ARE very friendly people. We are glad to answer questions and explain how the license appeal process works to those who call us.

During any initial phone call, we’ll always have some questions of our own. We need to make sure a person qualifies, in every sense, to win a license restoration or clearance case.

Our firm is constantly told that we are the most helpful and informative office anyone has contacted. Don’t take my word for it, though – call around, talk to different lawyers, and then call us.

For all the self-praise I could spout, the bottom line is that we back it up with our guarantee. There is no risk when we take your case; you’ll pay us once, and you WILL get your clearance.

Of course, the fact that we’re genuinely nice people does make it even better.

Testimonials

There is no better law firm I would recommend when it comes to out-of-state license reinstatement.They were always completely honest about what it would take to get me to the finish line to restore my license. They worked diligently, answered my calls, and always kept me abreast of my situation.Beth, Ann, and Jack were always there and guided me along the way. There’s no other law firm I would recommend to take care of any situation. They are top notch and very professional. I would recommend them to anyone that needed guidance through a difficult situation.I started and finished my journey with them and have total confidence that they could help anyone that needed to navigate the waters of license reinstatement. They are the best! – Michael P.

What a great experience at a difficult time in my life. Randa and Associates were true to their word and followed through on every detail to show what a professional and competent law firm they are. Highly recommended. – Doug C.

I wanted to take a moment to express my gratitude for your support and professionalism throughout my driver’s license restoration case. Your expertise and dedication were instrumental in achieving this positive outcome, which will have a significant impact on my life moving forward.Your thorough understanding of the law, attention to detail, and strategic approach to my case were truly impressive. I appreciate the time you took to explain the process clearly and keep me informed at every stage. Your patience and reassurance helped ease my concerns during what was a stressful time for me.The result we achieved together – the restoration of my driver’s license – is invaluable to me. I couldn’t have done this without your skillful representation.Thank you again for your hard work and commitment to my case. Your professionalism and expertise have made a real difference in my life, and I am grateful. – B. Davis

Randa law helped me with my license restoration process and I couldn’t be more pleased with their professionalism and dedication. Big thanks to Ann Beth Jack and Jeff. 👍 – Steve R.

I can’t recommend Randa & Associates enough for license restoration – I know people who have had their license revoked and tried fighting with other firms, and they lost their cases – Randa’s attorneys are experts. Jack Mott is a pro, and Ann and Beth in the office are extremely knowledgeable, helpful, and kind. I won my case after expecting the worst, and am so happy with my experience with this firm!!! – Michelle M.

Are You in the Clear? We Can Help Remove Your Michigan Hold.

If you have a Michigan hold on your driving record that’s preventing you from obtaining or renewing a license in another state (or even if you live here, and need your license restored) we can help. We are genuine, full-time Michigan driver’s license restoration lawyers.

We are always pleased to provide a free consultation that is both confidential and, best of all, done over the phone, right when you call.

Remember, we GUARANTEE to win every clearance appeal case we take. You can’t do better than that.

My team and I are very friendly people who will be glad to answer your questions and explain how the license restoration/clearance process works.

We’ll even be glad to compare notes with anything some other lawyer has told you.

We can be reached Monday through Friday, from 8:30 AM until 5:00 PM (EST) at either 248-986-9700, or 586-465-1980.

Frequently Asked Questions

What Are the Consequences of Getting Caught Driving With a Suspended or Revoked License?

If you are a Michigan resident and get caught driving in ANY state with a suspended or revoked license, and get convicted of any moving violation, then your license will be suspended or revoked for even longer.

This is called a “mandatory additional,” and the ONLY way an additional period of suspension or revocation is to avoid any conviction for a moving violation.

Consider this very common situation:

  • Dan the Driver’s license was revoked after his 2nd DUI.
  • He has never filed a license appeal, even though he has been eligible to do so for a few years.
  • One day, on his way to work, he winds up getting pulled over by law enforcement.
  • When it’s discovered that he has no valid license to drive, he gets charged with DWLR (Driving While License Revoked) and No Proof of Insurance.
  • If ANYTHING goes on Dan’s driving record showing he was operating a motor vehicle while revoked (this includes the famous “No Ops” charge as well as a No Proof of Insurance charge), his license MUST and WILL be revoked all over again.

The mandatory additional is for a “like” period, meaning anyone who was originally revoked for 1 year as the result of 2 DUI convictions within 7 years will be sidelined for that same 1-year period.

A person who was originally revoked for 5 years because he or she racked up 3 DUI’s within 10 years will have another 5-year revocation imposed.

These sanctions, imposed by the Secretary of State, are required by law and entirely distinct from any court-ordered penalties.

There is NO workaround to this, other than to avoid any conviction for a moving violation in the first place.

Returning to Dan the Driver’s situation, this makes it imperative for his lawyer to work out some kind of plea deal that avoids having ANY moving violation or other kind of notation winding up on his driving record that shows he was driving during a period of suspension or revocation.

Fortunately, this is something my team and I do all the time.

Related Articles:

How Much Does it Cost to Reinstate My License in Michigan?

https://www.randalawyers.com/fees/

There should never be any kind of mystery about cost. I’ve never understood why any law firm would be secretive about price. That’s the OPPOSITE of transparency.

Moreover, there should never be any question like “what are my chances?”

Because our firm guarantees to win every first-time driver’s license restoration and clearance appeal case we take, risk isn’t even a consideration.

As stated above, you’ll pay us once, and you WILL get your clearance.

https://www.michigan.gov/sos/all-services/license-reinstatement-fee

Does Recreational Marijuana Use Affect a Clearance in Michigan?

Recreational marijuana use isn’t merely a complication, it is a COMPLETE OBSTACLE to winning a driver’s license restoration or clearance case in Michigan. It is a huge problem.

To be clear, under certain conditions, a person can use medical marijuana and still win a license appeal.

However, it is a 100% certainty that the current (or even recent) use of recreational marijuana will completely kill any chance of winning a driver’s license restoration or clearance case.

This can get deep, but the bottom line is that Michigan law requires a person to prove:

  • A sufficient period of abstinence from alcohol and any other mind and/or mood-altering or otherwise potentially habit-forming substances, and
  • Both the ability and commitment to remain alcohol and substance-free for life.

The ONLY exception exists for medical reasons, and when a person can demonstrate these 4 things:

  1. That such drug use is medically necessary,
  2. Such medicine is used under the supervision of a physician who knows the patient’s substance use history,
  3. That such physician is monitoring him or her to make sure there is no misuse of the drug(s) in question, and
  4. That the person can otherwise show that he or she can drive safely.

The Secretary of State is going to want a clear showing that the person is living what is called a “sober lifestyle.” This, of course, means living in a home without alcohol or drugs, and not otherwise hanging out with drinkers, or in places where the primary purpose is to sell or drink alcohol or drugs (like bars, or cannabis shops).

The bottom line is that someone who uses recreational marijuana does not understand the concept of sobriety in the way that’s needed to win a license appeal in Michigan.

Related articles:

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Written By Jeffrey Randa

Founder

Jeff has been a practicing Michigan criminal lawyer, DUI attorney and driver’s license restoration lawyer for more than 30 years. He is passionate about winning and doing everything required to accomplish that. He understands that a pending criminal or DUI charge is stressful and that being unable to legally drive is a huge problem. He firmly believes that a lawyer’s job is to fix and make things better for the client.