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Can you reopen a dui case that you plea gulity too orginally and try to get it dismissed?

Denver, CO |

Colorado DUI two years ago. Did my CR, paid my fines and finished my probabtion and case is now closed, however, disposition says "gulity". Colorado does not allow expungement or sealing of DUI cases so I was wondering if there might to a way to reopen the case to try and get it dismissed, vacated, voided, etc. Trying to get this off my record since I do not want a conviction there for the rest of my life.

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Attorney answers 5


No -- can't happen. Sorry.

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.


No. The County Court has lost jurisdiction to do anything with the case after such a long span of time. Normally, you would have to file a pleading asking to withdraw the plea within 120 days under CRCrP 35(b).

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.


When judges take guilty pleas they do everything they can to prevent you from being able to withdraw them. You may want to consult with an attorney in the jurisdiction where you plead to see if you can. It is possible, just very difficult.


It is difficult, but not impossible. Did the trial court take the plea in accordance with the rules, statutes and the Colorado and us constitutions? Of course, if you reopen it, it is there with the possibility of a trial, conviction, and new sentence. Is all of that worth it to you?


It is possible to withdraw a case with a Crim. Civ. Pro. Rule 35(c) petition, but it depends on how long after and the strength of your case. Just for reference, the time limit is 120 days and it is very difficult to overcome the timebar if you are outside of this time frame.