Can a DUI be expunged in Colorado?

Whether a DUI can be cleared at all

C.R.S. § 24-72-706(2)(a) lists a conviction for a violation of section 42-4-1301(1) or (2) among the convictions that cannot be sealed under the ordinary rules. Section 24-72-706(2)(b) then provides one route back: a misdemeanor offense made ineligible by that list is eligible for sealing if the district attorney consents, or if the court finds by clear and convincing evidence that the need for sealing is significant and substantial, that the passage of time is such that the person is no longer a threat to public safety, and that public disclosure of the record is no longer necessary to protect or inform the public.

“(III) A conviction for a violation of section 42-4-1301 (1) or (2);”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not cleared. C.R.S. § 42-2-121(2)(a) requires the Department of Revenue to file abstracts of court records of convictions, departmental actions, suspensions, revocations and reinstatements as permanent records, and to maintain a driver's history for each licensee. Section 42-2-121(2)(b) goes further and requires a separate file of abstracts of dismissals of DUI, DUI per se, DWAI and UDD charges, and of cases where the original charge was one of those and the conviction was for a non-alcohol or non-drug traffic offense, available only to criminal justice agencies.

“The department shall also file all accident reports, abstracts of court records of convictions received by it under the laws of this state, departmental actions, suspensions, restrictions, revocations, denials, cancellations, reinstatements, and other permanent records and, in connection therewith”

What else sits on that record: suspensions and points in Colorado.

How long the wait is, and from when

C.R.S. § 24-72-706(1)(b) sets the earliest filing date by offense level: one year for a civil infraction, petty offense or drug petty offense; two years for a class 2 or class 3 misdemeanor or any drug misdemeanor; three years for a class 4, 5 or 6 felony or a class 1 misdemeanor; and five years for all other offenses, in each case measured from the later of the final disposition of all criminal proceedings or release from supervision. Section 24-72-706(1)(e) adds that conviction records may not be sealed while restitution is still owed.

“(IV) Subject to the limitations in subsection (2) of this section, for all other offenses, the petition may be filed five years after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a”

Automatic or by petition

C.R.S. § 13-3-117 directs the state court administrator to compile lists of convictions for automatic sealing, with the first list due February 1, 2024 and sealing of that list by July 1, 2024, then quarterly lists from July 1, 2024 and eligible felonies added from July 1, 2025. The waiting periods there are four years for a civil infraction, seven years for a petty offense or misdemeanor and ten years for an eligible felony. The list reaches only convictions that are eligible for sealing under sections 24-72-703 and 24-72-706, so a conviction under section 42-4-1301(1) or (2) falls outside it.

“(a.5) The state court administrator shall compile a list of eligible convictions, excluding crimes pursuant to section 24-4.1-302 (1): (I) That are eligible for sealing pursuant to sections 24-72-703 and 24-72-706;”

Where it is filed, and what it costs

C.R.S. § 24-72-706(1)(a) puts the motion in the criminal case in the court where the conviction records are located, with proper notice to the district attorney. Section 24-72-706(1)(c) requires a verified copy of the person's criminal history, current through at least the twentieth day before filing, submitted with the motion or within ten days after. Section 24-72-706(1)(h) sets a processing fee of sixty-five dollars, plus any costs charged by the Colorado Bureau of Investigation, waived where the person is indigent or where the record should have been sealed automatically.

“A defendant who files a motion to seal criminal justice records pursuant to this section shall pay a processing fee of sixty-five dollars to cover the actual costs related to the sealing of the criminal justice records.”

Whether a cleared DUI still counts as a prior

C.R.S. § 42-2-121(2)(a) keeps abstracts of convictions and departmental actions as permanent records in the driver's history, and § 42-2-121(2)(b) keeps a separate file even of dismissed DUI, DUI per se, DWAI and UDD charges for criminal justice agencies. No look-back period for a sealed conviction is stated in the sealing part itself.

“(b) The department shall also keep a separate file of all abstracts of court records of dismissals of DUI, DUI per se, DWAI, and UDD charges and all abstracts of records in cases where the original charges were for DUI, DUI per se, DWAI, and UDD and the convictions were for nonalcohol- or”

The statute: C.R.S. § 24-72-706

“(b) Notwithstanding the provisions of this section, a misdemeanor offense ineligible pursuant to the provisions of this section or subsection (2)(a) of this section is eligible for sealing pursuant to this section if the district attorney consents to the sealing or if the court finds, by clear and”