Sealing DUI Cases

Sealing a Past Conviction for Driving Under the Influence or Driving While Ability Impaired

Under Colorado Law, convictions for Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI) are only eligible to be sealed if the district attorney consents to the sealing or if a judge makes particular findings.

If you have a conviction for either DUI or DWAI from the 20^th Judicial District (Boulder County) and you and your case meets the standardized criteria listed below, the Office of the District Attorney will consent to the sealing of your conviction. The District Attorney will not consent to seal DUI or DWAI convictions that do not meet all criteria.

Criteria

The District Attorney will only consent to the sealing of a DUI or DWAI conviction when all of the following conditions are met:

• Seven years or more have passed since the conviction entered;
• The case did not involve injury to another person;
• A blood or breath test was given and the blood or breath alcohol content was below .2 grams per 210 liters of blood or breath;
• The case did not originally involve charges (regardless of conviction) for misdemeanor or felony offenses other than misdemeanor driving under the influence or driving while ability impaired;
• You successfully completed substance treatment while serving your sentence for this case;
• You do not have convictions for other misdemeanors or felonies since the conviction in the DUI or DWAI case;
• You do not have more than one conviction for DUI/DWAI;
• You must provide an updated driver’s license history to the Office of the District Attorney and:
  • You do not currently have a Commercial Driver’s License (CDL).

How to Seal Your DUI or DWAI Conviction

Sealing your conviction with the consent of the District Attorney involves two independent processes with instructions below:

• Obtain consent from the District Attorney to seal your conviction, and
• Separately, file a motion to seal conviction records with the 20^th Judicial District Court.

Obtaining Consent from the District Attorney to Seal Your Conviction

Fill out the Request for DA Consent to Seal DUI/DWAI form. You must certify that the information you provide about the case you are trying to seal is true and accurate. The Office of the District Attorney will verify the information you have provided is correct.

You must also provide an updated driver’s license history from the Division of Motor Vehicles. The Office of the District Attorney will run your criminal history to determine if you are eligible to seal your case. This criminal history will be provided to the Court.

The Office of the District Attorney will respond within 35 days to inform you if the Office will consent to the sealing. If the District Attorney consents, a notice will be filed directly into your DUI or DWAI case informing the judge that they are consenting to seal the conviction. A copy of this notice will be mailed to you. A copy of your criminal history will also be filed by the Office of the District Attorney into your case.

In addition to obtaining the consent of the District Attorney, you must also file a request to seal the conviction record with the court in the 20^th Judicial District with an attached criminal history valid within 20 days of your filing. The following section will contain additional information.

Requesting to Seal Your Conviction Record with the Court

In addition to submitting your request to seal with District Attorney, you must submit a request (called a “motion”) to seal your conviction record with the 20^th Judicial District Court within twenty days from the date you obtain consent to seal from the District Attorney.

There are two forms that are required to be filed when requesting to seal your conviction. They both are available for download from the Colorado Judicial website. The first is the Motion to Seal Conviction Records form. The second is the Order to Seal Conviction Records form. The Office of the District Attorney will file your criminal history into the case on your behalf (the criminal history must be recent within twenty days of you filing your motion to seal – if you file your motion more than twenty days after obtaining consent to seal from the District Attorney, you will also need to provide an updated criminal history to the Court with your motion to seal).

Colorado Courts has a Guide to Sealing Conviction Records available with more information on how to file the motion to seal. There is a fee to file your motion.

If you have questions about filing the Motion to Seal Conviction Records, please contact the Court directly. The Office of the District Attorney cannot provide legal advice.

Final Steps

The Office of the District Attorney will inform you if your case qualifies for sealing within 35 days of you submitting the request to the District Attorney. If the District Attorney consents to the sealing, they will file such notice with the court. If your case does not meet the criteria above and therefor does not qualify for sealing, the District Attorney will file an objection to sealing into the case. You will receive a copy of any filing in the mail.