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Deferred sentence agreements in DUI cases are not eligible to be sealed, even after successful completion of the sentence and withdrawal of the guilty plea.
A person may petition the court to seal his/her own records by filing a petition with the District/County/Muni Court where the arrest and/or criminal records are filed. Please review the Colorado State Statute (C.R.S.) 24-72-703 to see the qualification for sealing a record.
If you petition is approved by the court, it could take at least three months after filing the petition for your criminal records to disappear from public background checks.
Expungement means that the record of your offense gets physically destroyed. However, in Colorado, only two offenses are eligible for expungement: juvenile offenses and underage drinking and driving. So, unless your DUI case proceeded in juvenile court, your record will not be eligible for expungement.
The only felony convictions that can be sealed in Colorado are class 4, class 5, and class 6 felonies as well as level 2, level 3, and level 4 drug felonies. The waiting period to petition for a felony record seal is three years after the case ends, except for level 2 drug felonies which have a five-year wait.
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There is no way to seal or expunge DWAI (or DUI) convictions of people prosecuted in Colorado criminal court. The only exceptions involve convictions of the Colorado crime of underage drinking and driving (UDD) and juvenile court cases.
A person may petition the court to seal his/her own records by filing a petition with the District/County/Muni Court where the arrest and/or criminal records are filed. Please review the Colorado State Statute (C.R.S.) 24-72-703 to see the qualification for sealing a record.
While your criminal record remains blemished, it is not the same for your driving record. The DUI stays on your driving record for ten years in Colorado, and you have 12 points assessed against you.
How long does the process take? The process of getting your records sealed can take some time. Once youve filled out your paperwork, it will take your attorney, a couple of days to file it with the court. Then, it can take anywhere from 30 to 60 days to receive a response from the prosecution or orders from the court.
You can ask the court to seal your criminal record informally once your case is acquitted or dismissed. You can also file a JDF 417, which is a Petition to Seal Arrest and Criminal Records Other Than Convictions. However, the forms require a processing fee of $65 to petition for a record seal.

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