No. A DUI conviction cannot be expunged in Colorado. That is the short answer, and it surprises most people who search for how to expunge a DUI record in Colorado.
Table of Contents
- Can You Expunge a DUI in Colorado?
- Colorado Record Sealing Eligibility for DUI Cases
- How Long Does a DUI Stay on Your Record in Colorado?
- How to File a Petition to Seal Criminal Record in Colorado
- What Happens After Your DUI Record Is Sealed?
- Common Mistakes to Avoid When Seeking DUI Expungement
- Frequently Asked Questions
Last Updated: September 28, 2026
Can You Expunge a DUI in Colorado?
Colorado law does not allow expungement for DUI or DWAI convictions. Expungement erases an arrest or case entirely, as if it never happened. That option is reserved for specific situations, like certain juvenile cases or charges that were dismissed.
Record sealing is different. Sealing hides a record from public view, but the record still exists. Some DUI-related outcomes can be sealed. A straight DUI conviction usually cannot.
This guide from Law Offices of Robert E. Ray breaks down who actually qualifies, the waiting periods, and the steps to file. We have defended DUI cases in Weld County courts since 1975.
Here is the part most guides skip: your eligibility often depends on the outcome of your case, not the charge itself.
Colorado Record Sealing Eligibility for DUI Cases
Colorado record sealing eligibility for DUI cases hinges on one question: what was the final outcome? A conviction, a dismissal, and a deferred judgment each lead to a different answer.
Record sealing is the legal process of limiting public access to a criminal record through a court order. It does not delete the record. It removes it from most public view, including many background checks.
Here is how eligibility typically breaks down:
- Dismissed charges: Often eligible to seal, sometimes right away
- Deferred judgment (completed): May qualify after the terms are finished
- DUI conviction: Generally not eligible for sealing
- DWAI conviction: Also generally not eligible
- Non-conviction records: Usually the strongest candidates
Under Colorado Revised Statutes 24-72-703, the law lists which records can be sealed and the rules for each. The statute separates conviction records from non-conviction records. That split matters more than anything else in your case.
A common mistake is assuming a dismissed DUI is sealed automatically. It is not. You usually have to file a petition and get a court order.
How Long Does a DUI Stay on Your Record in Colorado?
A DUI stays on your Colorado criminal record indefinitely unless a court seals it. There is no automatic removal after a set number of years.
This is where two records get confused, and it costs people real opportunities.
Your criminal record and your DMV record are separate. A court can seal the criminal side. The DMV side follows its own rules. Even a sealed criminal record may not clear your driving history.
Waiting periods apply to sealing, not to automatic removal:
| Record Type | Typical Waiting Period | Can It Be Sealed? |
|---|---|---|
| Dismissed charge | Often immediate | Usually yes |
| Deferred judgment (completed) | After completion | Often yes |
| DUI conviction | No set period | Generally no |
| DWAI conviction | No set period | Generally no |
The waiting period is a mandatory waiting period in many cases. You cannot file early and expect a hearing. The court will reject a premature petition.
Judicial discretion still plays a role. Even when you meet the criteria, a judge reviews the request. Procedural compliance matters.
How to File a Petition to Seal Criminal Record in Colorado
Filing a petition to seal a criminal record in Colorado starts with picking the right form for your case outcome. The Colorado Judicial Branch publishes the JDF forms, and using the wrong one is one of the most common reasons a petition stalls.
(Source: [DMV record retention policies](https://www.colorado.gov/pacific/sites/default/files/Driver%20Record%20Retention%20Policy%20-%20Final.pdf))
Which form you need depends on the outcome:
- Dismissed or non-conviction records: JDF 612, Petition to Seal Records of Arrest, Criminal Charges, or Criminal Proceedings
- Completed deferred judgment: JDF 612, filed after the deferred term ends and the case is dismissed
- Conviction records (where sealing is even possible): a different petition path under C.R.S. 24-72-706, often filed by motion rather than a standalone petition
If you are unsure which applies, the clerk of the court that handled your case can tell you which form the judge expects.
The step-by-step process:
- Confirm eligibility under C.R.S. 24-72-703 (non-conviction) or C.R.S. 24-72-706 (conviction). Pull your case number and disposition from the court where it was handled.
- Get the correct JDF form from the Colorado Judicial Branch website or the clerk's office.
- Complete the petition with your full legal name, case number, charge, disposition, and the statutory basis for sealing.
- File with the correct court, the district or county court where your case was originally heard, not the court nearest your current address.
- Pay the filing fee. Colorado district court filing fees vary depending on the court and the type of filing; some courts waive fees for indigent petitioners using the JDF 205 motion to file without payment. Confirm the exact amount with the clerk before you file, do not guess.
- Serve copies on the required parties. In most cases that means the district attorney's office that prosecuted the case, and sometimes the arresting agency. Proof of service is filed with the court.
- Attend the hearing if the court sets one. Many non-conviction petitions are decided on the papers, but the judge can require a hearing, and the DA can object.
- Receive the court order. If granted, the order is sent to the agencies holding the record, the court, the arresting agency, and the Colorado Bureau of Investigation.
Filing before your mandatory waiting period ends gets your petition dismissed. You then restart the clock and lose the filing fee. Confirm your dates against the statute and your case disposition before you file anything.
What Happens After Your DUI Record Is Sealed?
After a record is sealed, it disappears from most public access, but "sealed" is not "erased," and what each type of screener sees depends entirely on which record they pull.
The tiered reality of background checks:
-
Private employers running standard commercial background checks: In most cases, a sealed record will not surface. Consumer reporting agencies that run criminal history searches generally will not return sealed records, and if they do, you have a right to dispute the report under the Fair Credit Reporting Act.
-
Government agencies and government-contractor roles: These employers often run fingerprint-based checks through the Colorado Bureau of Investigation and the FBI. Sealed records can still be visible to law enforcement and to agencies with statutory access. A sealed record is not automatically invisible to a federal background investigation.
-
Professional licensing boards: Some boards, particularly in healthcare, law, education, and financial services, require disclosure of arrests and convictions regardless of sealing. Read the licensing application carefully; the question is usually about the underlying conduct, not the court record.
-
The DMV: This is the distinction most guides miss. Sealing a criminal record does not automatically remove the DUI from your Colorado driving record. The DMV maintains its own record, and points, license actions, and driving history follow their own rules and retention schedules. If a job checks your motor vehicle record, delivery driving, commercial trucking, rideshare, the DUI may still appear even after the criminal case is sealed.
-
Government job applications and security clearance forms often require disclosure regardless of sealing.
-
Professional licensing applications frequently require disclosure.
-
Any application that asks about arrests or convictions in a way that captures sealed records should be read literally, if it asks about conduct, sealing does not help.
The criminal record and the DMV record are two separate systems. Sealing one does not seal the other. If your goal is a clean driving record, sealing the criminal case will not get you there, you need to look at DMV-specific remedies separately.
Common Mistakes to Avoid When Seeking DUI Expungement
The biggest mistake is chasing expungement for a DUI conviction. That path does not exist in Colorado. People waste time and money on a filing that cannot succeed.
Other common errors:
- Confusing expungement with sealing. They are not the same.
- Missing the waiting period. Early filings get rejected.
- Filing in the wrong court. Use the court where your case was heard.
- Skipping service on the district attorney. Procedural gaps sink petitions.
- Assuming a dismissal sealed itself. It did not.
Frequently Asked Questions
Is it possible to expunge a DUI conviction in Colorado?
In most cases, a DUI conviction cannot be expunged in Colorado. The law generally allows sealing only for non-conviction records, such as dismissed charges or deferred judgments that were successfully completed. A standard DUI conviction stays on your criminal record. However, some DUI-related outcomes, like a deferred judgment for a first offense, may be eligible for sealing under C.R.S. 24-72-703. Consulting an attorney can clarify your specific situation.
What is the difference between expungement and sealing a record?
Expungement typically means the record is destroyed or erased, while sealing limits public access but keeps the record for certain purposes. In Colorado, sealing is the more common remedy for criminal records. Under C.R.S. 24-72-703, a sealed record is not available to the general public, but law enforcement and some employers may still access it. Expungement is rare and usually reserved for juvenile or specific non-conviction cases.
How long does a DUI stay on your criminal record?
A DUI conviction remains on your Colorado criminal record indefinitely unless you obtain a sealing order. For non-conviction records, such as dismissed charges, you may petition to seal after a waiting period. For deferred judgments, the waiting period is typically one year after successful completion. Because a DUI conviction itself is not sealable, it can affect background checks for years. An attorney can review your case for any possible relief.
Does a sealed DUI record still show up on background checks?
A sealed DUI record should not appear on standard background checks used by most employers and landlords. However, certain government agencies, law enforcement, and employers required by law to conduct fingerprint-based checks may still see it. If you are applying for a job that requires a security clearance or involves working with vulnerable populations, the sealed record could be accessible. It is important to understand the limits of sealing before you file.
Facing a DUI charge in Northern Colorado is stressful, and the rules around sealing are easy to misread. The Law Offices of Robert E. Ray has defended clients in Weld County courts since 1975, with a reputation as a bulldog in the courtroom. We offer bilingual services, clear explanations at every step, and a track record of results for difficult cases. Get started with Law Offices of Robert E. Ray and protect your future with a defense built on decades of experience.
