Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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The terms “expunging” and “sealing” are often used interchangeably because both processes lead to the same result: Your criminal record no longer coming up on background checks.
However, expunging is technically different from sealing.
When a criminal record gets expunged in Colorado, it is physically destroyed. There is no trace of the record left for anyone to find.
In contrast, sealing a criminal record merely makes the record invisible on background checks. The record itself remains physically intact.
In Colorado, some criminal records can be sealed, and others can be expunged. Certain records can neither be sealed nor expunged and must remain on your record forever.
The only records that can be expunged in Colorado are:
You can petition for an expungement of your juvi records immediately if the charges get dismissed. Otherwise, the wait time to expunge your juvenile records is:
Click here for instructions on expunging your juvenile delinquency record in Colorado.1
You can petition for an expungement of your underage drunk driving records immediately if the charges get dismissed. Otherwise, UDD convictions are expungeable once you turn 21 years old.
Click here for instructions on expunging your UDD record in Colorado.2
If you get arrested because of mistaken identity – and the D.A. never brings charges – the police must ask for an expungement within 90 days of learning of its mistake.3
Any criminal case in Colorado – no matter how serious – will be sealed right away if it results in a dismissal.4 The majority of municipal and misdemeanor crimes committed by victims of human trafficking can be sealed immediately as well.5
However, convictions for the following criminal charges can never be sealed from your record:
The waiting period to seal all other criminal convictions depends on the seriousness of the offense:
Colorado conviction | Waiting period for record seal |
---|---|
Petty offense or petty drug offense | 1 year after the case ends |
Multiple eligible petty offenses and/or petty drug offenses
Drug misdemeanor |
2 years after the last case ends |
Class 4 felony | 3 years after the case ends |
Multiple eligible misdemeanors, misdemeanor drug offenses, and/or level 4 drug felonies
Level 2 drug felony or any other eligible offense |
5 years after the last case ends |
Multiple eligible felonies and/or drug felonies | 10 years after the last case ends 7 |
Click here for instructions on sealing your criminal records. See our related article, How much does it cost to seal a record in Colorado?
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.