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- Colorado Criminal Defense Lawyers – Why Hiring A Good One Makes Sense
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- Understanding Colorado’s Felony DUI Law – Effective Date – August 5, 2015
- Colorado Criminal Law – Understanding Hit And Run Cases – 42-6-1601, 14-6-1603
- Colorado Criminal Law – Know Your Rights – Remain Silent – Remain Silent – Remain Silent
- Colorado Criminal Law Guide – Searches Of Your Car – Your Right To Refuse
- Understanding The Colorado Law Of Careless Driving 42-4-1402 – Bodily Injury Or Death
- Understanding The Elusive Wet Reckless Plea Bargain In Colorado DUI Cases
- Colorado DUI Criminal Law – Huffing And DUID Cases – “Duster” And “Dust-Off”
- To Understand Colorado DUI – DWAI – DUID Probation Sentencing – First Read The Law
- Colorado Criminal Law – Am I Safe To Sit In My Car – Police Intrusion Issues
- A Guide To The DMV Side Of Colorado DUI Cases Part I Of IV
- Meeting With Your Colorado DUI-DWAI-DUID Lawyer For The First Time
- A Colorado Comprehensive DUI – DWAI Penalties Sentencing Chart
- Colorado DUI – DWAI Refusals – Defense Tactics – The Decision to Refuse To Blow – Breathalyzer and Blood Test
- Colorado DUI Probation Violations – Why Time Is Of The Essence
- Expungement – Sealing DUI Charges In Colorado – Traffic Charges Such As DUI – DWAI’s Can Never Be Sealed or Expunged
- Marijuana Drug Driving In Colorado and the DUID Law
- Colorado First Time DUI – DWAI
- Colorado Rules For Obtaining A Driver’s License When Out of State Suspension – The Interstate Driver’s License Compact Rules
- Colorado DUID Cases – Prescription Drugs and Colorado Driving Under The Influence of Drug Charges
- Colorado Vehicular Assault – Vehicular Homicide Charges – What They Mean
- The Colorado Affirmative Defense Of Intervening – Superseding Cause In Vehicular Assault – Vehicular Homicide Cases 18-3-205, 18-3-106
- Colorado Interlock Devices – Violations Including Tampering CRS 42-2-132.5 (11)
- Colorado Alcohol Treatment Programs – Level I and Level II – Track A-B-C-D
- Colorado DUI Interlock Program – Understanding the Interlock Device – Colorado DUI Consequences Part I of II
- The Colorado DUI -DWAI Field SobrietyTests
- Colorado’s Express Consent Law – The Law And The Advisement
- Refusals – Refusing To Take The Alcohol Breath or Blood Test In A Colorado DUI – DWAI Case
- Taking Blood Samples from Colorado Persons Arrested For DUI and Colorado Felonies
- Understanding The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS) – Alternative Sentencing Options
- Colorado “Drugged Driving” – Marijuana DUID Cases
- Colorado’s Habitual Traffic Offender Law – CRS 42-2-206 – Driving After Revocation Prohibited – DAJP
- Colorado Criminal Traffic Lawyer Series – Driving Under Suspension – Points 42-2-127 C.R.S.
- Federal DUI Cases In Colorado
- More Articles On Colorado DUI – DWAI -DUID Law…
- Colorado DUI -DWAI -DUID Penalties And Sentencing 42-4-1307 – Proving Prior Alcohol Driving Convictions In Court
- Colorado DUI – DWAI – DUID Cases – No Contest and Other Kinds Of Pleas In Colorado DUI Cases
- Colorado DUI Lawyer Answers The Question – What Should I Do If I Am Stopped On Suspicion Of DUI – Refusing The Chemical Test
- Colorado Criminal DUI Case Defense – Preparing To Attack The District Attorney’s DUI Expert
- Attacking Your Colorado DUI – DWAI Case – Common Tactical Approaches
- Colorado DUI – DWAI – DUID Law- Questions And Answers On The Legal Definition Of Driving In Colorado
- Application By Out Of Stated Suspended – Revoked – Restrained Drivers For A Denver Colorado Drivers License
- Weaving Within My Lane In Colorado – 42-4-1007- Can They Stop Me For Suspected DUI?
- Colorado DUI Law – Is it Possible To Raise An Involuntary Intoxication Defense?
- Colorado Criminal Lawyer Series – Will I Lose My Nursing License In Colorado If I Get A DUI?
- What Are Colorado’s Open Container Laws – Who Can Be Charged? – Alcohol – Marijuana
- How To Understand Colorado DUI – DWAI – DUID DMV Actions After January 2014 – A Primer
- When An Out Of State Resident Is Convicted Of A DUI In Colorado – What Happens Now?
- Colorado Criminal Law – Understanding Colorado Traffic Stop Laws Regarding Arrest & Custody
- Sentencing In A Colorado DUI – DWAI – DUID Case – “Re-packaging” The Client Ideas and Arguments
- Colorado Criminal Law – Pretext Searches – The Emergency / Community Caretaking Exception To The Fourth Amendment
- Colorado Criminal Law – When Police Violate Your Rights At A Traffic Stop
- Proving Driving Under Revocation § 42-2-138 – In The State Of Colorado
- Colorado Mental Health and Substance Abuse Resources In DUI Cases
- Colorado DUI Laws – DMV Breath – Blood Test Refusal Issues Analyzed – Express Consent Law 42-4-1301.1
- The Meaning Of “Driving” Under Colorado DUI Law
- After The DUI -DWAI – DUID – Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138
- Is Taking Ambien A Defense To A Charge Of DUI – DUID In Colorado?
- Colorado Child Abuse Charge In DUI – DWAI Cases – DUI Defense Lawyer Strategies
- Violations of DUI – DWAI – Probation In Colorado
- Colorado Criminal Law – Q and A – Colorado Texting And Driving Law – C.R.S. 42-4-239 – UPDATED 2017
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Expungement – Sealing DUI Charges In Colorado
….Traffic Charges Such As DUI – DWAI’s Can Never Be Sealed or Expunged
By Colorado DUI – DWAI Criminal Defense Lawyer – Attorney – H. Michael Steinberg
In Colorado – the Expungement – Sealing of DUI Charges and other criminal records is controlled by statute. With the exception of certain drug offenses for an individual to be eligible to seal their records- the case must be completely dismissed. For certain kinds of offenses such as sexual offenses and traffic offenses – even a complete dismissal of the case will not make the case eligible to be sealed – expunged.
To repeat – while tough to understand – certain groups of charges – even cases that are completely dismissed are NOT eligible to be sealed and can NEVER be expunged.
Expungement – Sealing DUI Charges
In this group are two very clear categories:
(1) All Sex Offenses or offenses ( the factual basis involved unlawful sexual behavior).
and
(2) All Traffic Offenses
The Requirements For Sealing A Criminal Arrest or Criminal Record in COMPLETELY DISMISSED cases are:
You may only petition the Court to seal arrest or criminal records if the Defendant meets one of the following requirements:
All charges were dismissed or the Defendant was acquitted of all charges.
There is only an arrest record and no charges were filed in a Court.
The Defendant had a case that was dismissed due to a plea agreement in another case and 10 or more years have passed from the final disposition of all criminal proceedings and no additional criminal charges since the date of the final disposition of all criminal proceedings have been filed against the Defendant.
Limitations on charges and cases that have been completely dismissed are:
You may not petition the Court to seal arrest or criminal records if:
You have been convicted of an offense for which the factual basis involved unlawful sexual behavior pursuant to16-22-102(9), C.R.S.; (The Colorado courts have held that, as used in the sexual offenses exception, the term “conviction” includes a successfully completed and dismissed deferred judgment – which has led to a dismissal)
or
An offense was not charged due to a plea agreement in a separate case, and 10 years have not passed since the final disposition of all criminal proceedings against the Defendant;
or
A dismissal occurred as part of a plea agreement in a separate case, and 10 years have not passed since the final disposition of all criminal proceedings against the Defendant;
or
You still owe restitution, fines, court costs, late fees, or other fees ordered by the Court in the case being requested to seal, unless the court has vacated such order.
or
The offense or case dismissed pertained to a class 1 or class 2 misdemeanor traffic offense, or to a class A or class B traffic infraction, or a conviction for a violation of Driving Under the Influence Section 42-4-1301(1) or (2), C.R.S.
Colorado Court Appeals Makes Clear – NO Expungement for DUI – Deferred Judgement Dismissals
In the recent 2011 Colorado Court of Appeals decision of In Re: Harte – the Court held that even traffic offenses such as DUI that have been dismissed as a result of a successfully completed Deferred Judgement and Sentence – (DJ and S) agreement) – CANNOT BE SEALED.. As in the situation of charges that have a sex offense factual basis.
The Court concluded that the Colorado State legislature intended the term “conviction” to include Harte’s successfully completed deferred judgment
The Court said – with reference to public safety…
“The legislature has separately determined in the sealing statute that, as a matter of law, the public’s safety interest in having available an offender’s alcohol-related driving record outweighs any privacy interest of that offender.
..we conclude that the legislature intended the definition of “conviction” in the alcohol-related driving offenses exception to the sealing statute to include a successfully completed deferred judgment
“because “convictions” generally are never subject to sealing, the meaning of “conviction” in the context of sexual offenses would be superfluous if it did not include successfully completed deferred judgments, the same logic applies here
Expungement – Sealing DUI Charges – Summary of Colorado Law
Under the sealing statute, an interested person generally is eligible to seek the sealing of arrest and criminal records, other than those relating to “convictions,” in three situations:
(1) when the person was not charged,
(2) when the person was acquitted,
or
(3) when the case was completely dismissed. � 24-72- 308(1)(a)(I), C.R.S. 2012. 　
For additional information, see Colorado Revised Statute Section 24-72-308.
Please call our law firm if you have questions about ..
Expungement – Sealing DUI Charges
H. Michael Steinberg has been a Colorado criminal law specialist attorney for 40 years (as of 2012). For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.
In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations. Please call him at your convenience at 720-220-2277
If you have questions about Colorado Expungement – Sealing DUI Charges in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.
In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters…as regards Expungement – Sealing DUI Charges.
