Does a DUI arrest in Colorado stay on my record?

There is no doubt that a DUI conviction can complicate a person's life, which is why it is always worth fighting the offense. Even after paying the fines and serving any sentence issued in criminal court, the conviction can follow a person. Many employers conduct background checks and could reject an applicant for having a drunk driving conviction on their record.

A conviction is a clear-cut example, but is an arrest part of a person's criminal record? Police make a number of arrests that never lead to a conviction for one reason or another. Although everyone is presumed innocent until proven guilty, the arrest is a part of their criminal history and it is available as a public record.

We have established that the arrest is part of a person's criminal record, but does it have to stay there? A process called expungement is available in each state, but the rules differ significantly from one jurisdiction to another. In Colorado, the rules are strict.

Colorado Revised Statute ยง 24-72-02 provides a path for sealing of arrest and criminal records other than convictions. Sealing does not erase the arrest, but it does make the information unavailable to the public, like prospective employers.

A person can petition the court to seal records in cases in which the person completed a diversion program, was never charged, the charges were dismissed or the person was acquitted.

Although this sounds straight forward, like any law, there are exceptions. A person cannot seal certain records, including traffic offenses (class 1 or 2) or infractions (class A or B). This includes drunk driving offenses.

Expungement is a tool for cleaning up certain criminal records, but no one should ever rely on an after-the-fact solution for any charge. Fighting the offense at the initial stages is always the best option.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Initial Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

Susan Fuller & Associates, P.C.
19751 E. Mainstreet Suite 270
Parker, CO 80138

Toll Free: 888-832-5976
Phone: 303-800-0474
Fax: 303-841-7620
Parker Law Office Map