If you’ve been convicted of a DUI, you likely have regrets about your decisions and how events played out. At times, you probably wish that there was a way you could go back and make different choices.
Perhaps you have completed the terms of your sentence, learned your lesson, and not repeated your mistakes, but you still feel like you are being punished or you can’t escape the weight of your conviction. If there was a way to erase the mistakes of your past, would you take it?
DUI expungement offers a new lease on life for people who have moved on from the irresponsible actions of their youth. The lawyers of Joyner Law have extensive experience with the law surrounding DUIs, and we want to let those who are ready for a new start know that there are options.
One such option, DUI expungement, is available to select citizens of Colorado who still are still suffering the consequences of having a DUI on their record. Read on to find out if you qualify for expungement and, if so, how to go about the process.
What Is DUI Expungement?
Expungement is a legal process that deletes your DUI from your record as if it was never there. It is similar to having your records sealed, though with a fundamental difference: while sealing records hides your criminal convictions or makes them less accessible, expunging your DUI erases the conviction completely except in certain highly specific instances, such as if you are applying for government jobs.
There are many benefits to having your DUI expunged, including:
- Your DUI will not show up on background checks for job and housing applications
- Likewise, your DUI will not show up on background checks for colleges
- You will likely be eligible for lower car insurance rates
- You will be eligible for certain licenses and certifications for which you need a clean record
Perhaps most importantly, you can continue forward with a more improved sense of self, especially if you feel that the record of your DUI has been holding you back from making the evolutions in life that you want or deserve. With an expungement, you can feel more confident about your reputation and self-worth!
Who Is Eligible For DUI Expungement In Colorado?
In Colorado, DUI expungements are available only in very specific circumstances. Unfortunately, the vast majority of people who have DUIs on their record will not be eligible for expungement.
You can potentially have your DUI expunged from your record if you meet the following criteria:
- You were a juvenile when you were charged and are now over 21
- You have completed the terms of your sentence
- You do not have any other underrage drunk driving charges on your record
- You have not ever held a commercial driver’s license
- You were not driving a commercial vehicle at the time of your arrest
If you were an adult at the time of your DUI arrest, the odds of having your DUI expunged are negligible. However, there are certain circumstances in which you might be eligible. You should speak to your lawyer about the possibility of an expungement if you meet the following criteria:
- Your DUI arrest did not end in conviction
- The case occurred ten or more years prior
- You have not been arrested for any other criminal activity
If you are not eligible for a DUI expungement, you might still be able to have your records sealed. The record sealing process in Colorado will prevent your DUI from showing up on background checks, such as those for jobs or housing, and it is available to people convicted of DUI under limited circumstances.
Steps To Getting A DUI Expunged In Colorado
If you meet the eligibility requirements to have your DUI expunged, you will need to fulfill the following steps:
- Fill out the proper paperwork: You will need to submit two forms to be granted your expungement in the state of Colorado. The Petition For Expungement of Records (JDF 302) and the Order for Expungement of Records (JDF 304) will get the process started. Work with your attorney if you have questions about filling out the forms.
- File the paperwork with the proper court: There is no associated fee for filing these forms. However, you will need to be sure that you file the paperwork with the court that initially heard your case. Check with your court for specific filing instructions.
- Attend a hearing: This step will depend on the circumstances of the court. In some instances, a court will not call a hearing, but in others they will want further information in order to decide whether they will grant your petition. If you are called for a hearing, talk to your lawyer about what information you will need to provide.
- Wait three to six months: If the court decides to grant your expungement, you will need to wait for them to come to their decision and notify the appropriate agencies so that the charge disappears from a criminal background check.
If your request is not granted, you have to wait twelve months before you can file another petition for an expungement.
If you have any questions about the process of expungement, if you are not sure how to fill out your paperwork, or if you have questions about a court hearing, it is best to speak with your lawyer so that you can receive the appropriate legal guidance. If you are looking to have your records sealed, you will want to reach out for similar legal advice.
Reach Out Joyner Law For All Your DUI-Related Legal Needs
If you want to have your DUI expunged, Joyner Law can walk you through the process so that you have the best chance of having your petition granted. We are well versed in the legalities surrounding DUI and have helped countless clients seek reduced charges or have their charges dropped altogether for their DUI accusations. Reach out to schedule a free initial consultation and learn how we can help you with expungement, DUI defense, and any other needs related to your criminal charges.