Can I Get My Colorado DUI Expunged?

October 24, 2015

Whether you can get a Colorado DUI expunged will depend on the outcome of your case and, in particular, whether you were convicted of the drunk driving offense.

What is Expungement?

It depends on whether you were convicted of the DUI, a Denver & Boulder DUI attorney explains. Here’s why. Contact us for a strong DUI defense.

Expungement refers to the legal process of cleaning up a criminal record. When someone succeeds in obtaining an expungement, the case that is expunged will no longer appear on that individual’s criminal record, effectively making it appear as though the event/case never happened. This means that any background checks run on that individual will also not reflect the expunged case/event.

Here, it should be noted that:

• People don’t just obtain criminal records following convictions. Being arrested and/or charged with an offense – even if the charges don’t stick – will also typically generate criminal records (or be noted on existing criminal records).
• While expungements can provide people with a fresh start, they are usually only granted in very limited circumstances.

When DUIs Can Be Expunged

People in Colorado may be able to get a DUI expunged from their criminal records if they were never convicted of the offense. Specifically, DUI expungements in Colorado may be available in cases when:

• There was a DUI arrest, but no charges were ever filed (maybe because, for instance, there wasn’t enough evidence in the case).
• DUI charges were filed, but they were later dismissed (possibly, for example, because the BAC test results were inaccurate or suspect).
• The accused person was acquitted of the DUI charges.
• A certain period of time has passed (usually at least 10 years), and no new criminal charges have been filed against the accused person.

If the accused individual pleads guilty to the DUI charges (even if this is part of a plea deal) or (s)he is convicted of the charges, however, the DUI case will remain on his or her record permanently in Colorado.

Avoiding the Need for Expungement: What Can Be Done Prior to Conviction

So, knowing that DUI convictions can’t be erased from criminal records in Colorado, it’s critical that people accused of drunk driving offenses take action to defend themselves as soon as they are charged. Depending on the facts of the case, there may be a number of defense options available – and an experienced defense lawyer can help:

• Identify the best defense options
• Vigorously defend the rights of the accused throughout his case
• Position the accused for the best possible outcomes.

Contact a Denver & Boulder DUI Attorney at the Griffin Law Firm

If you have been charged with a misdemeanor or felony DUI in Colorado, you can turn to the Denver & Boulder DUI attorney at Griffin Law Firm for experienced help and a strong defense. With more than 18 years’ experience in the criminal justice system, our attorney understands the complexities of the system, the challenges different defendants can face and the best ways of overcoming these challenges to bring criminal cases to successful resolutions.

To receive a complete evaluation of your case, along with professional advice regarding your best options, contact us by calling (303) 280-1070 or by emailing us using the contact form at the top of this page.

Categories: DUI, Expungements