If you’ve been arrested or convicted of DUI in Colorado, you might be wondering whether you can wipe the slate clean. While many states offer some form of expungement, Colorado law operates differently. In most cases, you can’t technically “expunge” a DUI, but you may be able to have your record sealed under specific circumstances. Knowing the difference between expungement and record sealing is the first step toward understanding your options.
Expungement means the record is completely destroyed, as if it never existed. Sealing a record, on the other hand, means the public can no longer view the record, although law enforcement and courts still retain access. In Colorado, expungement is only available in a very narrow set of situations, such as for juvenile offenses or arrests that didn’t result in charges. For most adults with DUI charges, sealing a criminal record is the more realistic option.
When Can a DUI Be Sealed in Colorado?
Whether a DUI can be sealed in Colorado depends on the specific outcome of your case. If your DUI charge was dismissed or you were found not guilty, you may qualify to have the arrest record sealed immediately. But if you were convicted, the chances of sealing that record are much slimmer.
Here’s a quick breakdown of different DUI outcomes and whether sealing is possible:
- Case dismissed or not charged: Eligible for sealing right away.
- Acquitted at trial (found not guilty): Also eligible for sealing immediately.
- Deferred judgment and sentence (DJS): May be eligible for sealing once probation and court requirements are successfully completed.
- DUI conviction (1st or multiple offenses): Not eligible for sealing under current Colorado law.
This means that if you were actually convicted of DUI, whether through a guilty plea or a finding of guilt at trial, you cannot seal or expunge that record in Colorado. This is true even for first-time offenders.
What About Underage DUI or DWAI?
Colorado treats underage DUI offenses somewhat differently. Individuals under 21 who are convicted of underage drinking and driving (UDD) may have options for sealing, depending on the details of the offense and whether it was a first-time violation.
DWAI (Driving While Ability Impaired) is another related offense. Like a DUI, a DWAI conviction generally cannot be sealed if you plead guilty or are found guilty. However, if the case was dismissed or you received a deferred judgment that you successfully completed, you may be eligible for sealing.
Colorado lawmakers have occasionally updated statutes around sealing records, so if you're unsure whether your case qualifies, the best step is to speak with a legal professional. Our DUI defense attorneys can review the specifics of your case and let you know what’s possible.
How the Sealing Process Works in Colorado
If you qualify to seal your DUI-related record, the process isn’t automatic; you’ll need to file a petition with the court and follow a set legal procedure. This usually includes:
- Obtaining a copy of your criminal history and final court disposition.
- Filing a verified petition to seal with the appropriate court.
- Paying court filing fees (unless waived due to financial hardship).
- Serving the petition on relevant agencies, such as the district attorney's office.
- Attending a hearing, if one is scheduled.
Once a record is sealed, it no longer appears in public background checks. Employers, landlords, and others won’t be able to view it, though law enforcement and court officials will still have access. That can make a huge difference in your ability to secure housing, find employment, and move forward in life.
Colorado courts take sealing petitions seriously, and mistakes in the paperwork or process can result in delays or denials. That’s why many people choose to work with experienced attorneys to make sure everything is filed properly and their rights are fully protected.
Why DUI Convictions Can’t Be Sealed and What You Can Do
Colorado law takes DUI convictions seriously. The belief behind the law is that keeping DUI records public serves as a deterrent and ensures accountability for risky behavior behind the wheel. This is why, under current state law, even a single DUI conviction stays on your record permanently.
However, that doesn’t mean you’re out of options. In some cases, your record may include related charges, like a refusal to take a breath test or a lesser offense, that could potentially be sealed even if the DUI itself can’t be. Additionally, if you were charged with DUI but the charges were later dropped, you may still be eligible for sealing.
Every case is unique, and eligibility depends on the specific charges, how they were resolved, and how much time has passed. If you’re unsure whether your record qualifies, we can help you review your situation in detail and provide clear, honest advice on your next steps.
If you’re ready to clear up your record and leave the past behind, contact us today. We’ll take the time to listen to your situation, explain your options, and help you move forward with confidence.
