In Colorado, can a misdemeanor DUI court & arrest record be sealed if the case was dismissed via completion of defered sentance?

Asked over 3 years ago - Pueblo, CO

Concerning a 39 year old male.
First offence DUI
All conditions of defered sentance sucessfully completed.
All fines and courts fees paid.
Case was dismissed within one year, arrest occured 1.5 years ago
Public Record Search clearly showes all fines/fees and actions involved.
Concerned for employment background checks.

Additional information

If it can be sealed, is there a time limit on how long must past before petitioning for expungment/sealing.
What about statue 24-72-308? Does this mean it can't becasue its DUI related?

Attorney answers (3)

  1. V. Iyer

    Contributor Level 15

    1

    Lawyer agrees

    Answered . If all charges are now dismissed in the case and the case is closed then you may be eligible for sealing provided the Deferred Judgment Sentence (DJS) is a straight one to the DUI or DWAI. However, if the DJS is not a straight DJS plea but a split plea which is a DJS to the alcohol related crime and a staight guilty ple to a non alcohol one then you would have to wait for 10 years after the close of the case and during this 10 year period you are completely law abiding. You do need to speak with a dUI lawyer to help you in this matter.

    Contact a Criminal DUI Lawyer to assist you.

    This web site was created by this law firm so that you could learn more about the legal services that Iyer Law... more
  2. Robert Gerald Werking

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The district courts are split as to the sealing of a completed DJ & S in Class 1 or 2 misdemeanor traffic offenses (including DUI / DWAI). Some of the district courts accept the DA's position that the case, although deferred, is nonetheless a Class 1 or 2 traffic offense which is not subject to sealing. On the other hand, some of the district courts allow sealing even if the DA objects.

    Therefore, the best answer to your question is "maybe" which is not a very satisfying answer. You may want to speak with an attorney who is familiar and practices in the area in which you are looking to petition the court to seal the record.

    I wish you the very best of luck.

  3. Erick Masten Platten

    Pro

    Contributor Level 18

    Answered . Hello there,

    Since you weren't convicted I believe Colorado law will allow you to move to have it expunged.

    You should consult with a lawyer in Colorado to be sure.

    Sincerely,

    Erick Platten

    PLATTEN LAW OFFICE
    304 WEST RUSK STREET
    TYLER, TEXAS 75701

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