Can I Get My DUI Record Sealed?
If you were arrested for a DUI or convicted of a DUI offense, you may be wondering if you are eligible to have your record sealed or expunged. Once you have a DUI record, and especially a conviction, there can be consequences beyond any initial sentence associated with the offense. Depending on the nature of the DUI conviction and the facts surrounding your case, having a DUI record may limit your ability to apply for or to be hired for certain types of jobs, or to perform some kinds of work. Having a DUI on your record can also affect your life in other ways that you may not realize.
Can you have a DUI record sealed or expunged? It depends on whether you were convicted, and it depends on whether or not you were an adult at the time of the offense. Our Colorado DUI defense attorneys can explain.
DUI Convictions Cannot Be Expunged or Sealed
Under Colorado law, DUI convictions for adults aged 21 and older cannot be expunged or sealed. Anyone who is convicted of a DUI or DUI-related offense
There is a difference to note between expungement and record sealing, since the former is actually available for underage drinking and driving cases (which we will explain below) and the latter may be available for a DUI arrest (which we will also explain below). Expungement generally means the destruction of the whole record — it is not accessible to anyone. Record sealing, differently, means the criminal record still exists but is sealed from the public but can still be accessed by certain parties.
Record Sealing for a DUI Arrest
If you were arrested for a DUI but you were not convicted, you may be eligible to have your arrest record sealed. It will be important to discuss the specific details of your case with an attorney.
Expunging an Underage UDD Conviction
When a person under the age of 21 has a blood alcohol concentration between 0.02 percent and 0.05 percent, they can face charges for underage drinking and driving (or a “UDD”). This is actually one of the only types of criminal convictions that can be expunged under Colorado law.
Once a person with a UDD conviction reaches the age of 21, they can move forward with the expungement process and request that their UDD be expunged from their record, as long as they do not have any subsequent DUI-related offenses.
Contact a Denver DUI Defense Lawyer
If you are currently facing charges for a DUI, it is critical to seek legal advice about your defense strategy. As we discussed above, once you have a DUI conviction on your record, it is ineligible for expungement or sealing (unless it is a juvenile conviction). Accordingly, it is essential to do everything you can to avoid being convicted. An experienced Denver DUI defense attorney at DeChant Law can discuss the details of your case with you today, including options for your defense and potential ways of getting the DUI charges against you dismissed. If you were previously facing DUI charges but had the charges dismissed, we can also assist you with the possibility of record sealing. Contact DeChant Law today to find out more about how we can help with your DUI case.
Source:
law.justia.com/codes/colorado/title-24/public/article-72/part-7/
