Criminal Law Questions? Ask a Criminal Lawyer.
The DUI won't affect the deferred sentence since it was prior in time to the deferred sentence. Only violations after the imposition of the DS will affect it.
Once you complete the requirements of the DS, it will be entirely dismissed. It will show up that you were charged with the offense, but then that it was later dismissed.
The Lawyer also said that he could submit a motion to supress the probation. Will I need to expunge this to get this off of my record, or is there another way to get it off of my record? I really do not want this on my record.
These charges won't automatically be erased from your record. If someone like an employer pulls your criminal record, they will see the charge and that it was dismissed. An expungement will make it as if it never happened and you would not ever have to disclose it to anyone even if asked.
You would have to file a petition to have the charge expunged as soon as your probation is up and the case is "completely dismissed".
Colo. Rev. Stat. 24-72-308
A person may petition to have his arrest and criminal records sealed if the person was not charged with a crime, if the case was completely dismissed, or if the person was acquitted, unless the offense was not charged, or the case was dismissed, due to a plea agreement in a separate case.
The cost would depend on if you have an attorney do it or if you do it yourself. If you do it yourself, it is a matter of filling out the forms and paying whatever fees the court requires. I don't know an exact cost as each county can set their own rates, but you can contact the court clerk and ask them what it costs to file a petition for expungement.
I would expect an attorney to charge 3-500 to file the paperwork.
Since the charge will be dismissed eventually you will be able to get it expunged. Any case that is dismissed is eligible for expungement regardless of other cases.
Under CO law, you can't get the DUI expunged.
Can you get a DWAI expunged that was in 1993?
Under CO law, it says no.
(3) Exceptions. (a) This section shall not apply to records pertaining to:(I) Any class 1 or class 2 misdemeanor traffic offense;(II) Any class A or class B traffic infraction; or(III) Any conviction for a violation of section 42-4-1301 (1) or (2), C.R.S.
42-4-1301. Driving under the influence - driving while impaired - driving with excessive alcoholic content - definitions - penalties - repeal.