Home > Research Legal Advice > DUI / DWI > Can I get my DWAI taken off my record if I was convicted without a B.A.C.
Asked 10 months ago - Denver, CO
FlagI was pulled over under suspicion of DUI. I did not take the breathlizer but did state I would do the blood test. The EMT stuck me 5 times and he was unable to draw blood. The officer then wrote me up as a refusal, even though I did not refuse the blood test. I plead not guilty, my case went to a jury and they convicted me of a lesser DWAI charge without a BAC. Can I get this expunged?
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No. First of all the only people are eligible to request an expungements, under the right circumstances are juveniles. Secondly, adults can sometimes request that a criminal record be sealed, again under the right circumstances. Unfortunately, when a person is convicted of a crime whether or not is was the original charge they cannot have their criminal record sealed.
