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If I was convicted of a class 5 felony in 2013 can my record be sealed under the new slate law if I pled guilty to a DUI in 2019?
Jun 1, 2023
Criminal Defense
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

Whether records can be sealed in Colorado is a complex determination, and without more information I can't give you a definitive answer. The DUI charge in almost all cases can't be sealed. In isolation, it's possible that the class 5 felony could be sealed depending on the charge. Unfortunately, the DUI charge often blocks the prior felony from being sealed.

Specifically, the statute states:

CRS 24-72-706(1)(f)(III), in part: "The court may only seal the records if the criminal history filed with the motion as required by subsection (1)(c) of this section documents to the court that the defendant has not been convicted of a criminal offense since the date of the final disposition of all criminal proceedings against him or her or since the date of the defendant’s release from supervision, whichever is later. The court shall decide the motion after considering the position of the district attorney and the factors in subsection (1)(g) of this section"

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