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Can I get my DWAI taken off my record if I was convicted without a B.A.C.

Denver, CO |

I 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?

Attorney Answers 4

Posted

No. You cannot expunge a conviction.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

While the legislature has started to ease up on certain types of please or convictions after a certain number of years have passed, DUI convictions currently cannot be sealed in Colorado under ant circumstances.

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Posted

Unfortunately, no.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Posted

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.

Responses to questions on AVVO does not create an attorney/client relationship. Colorado requires that the Client and Attorney enter into a written legal fee arrangement

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