Two years ago, I was stopped for suspicion of a DUI. When asked to do the breathalyzer I immediately agreed. I blew a .08 my first blow then three minutes later, I did my second blow which was a .04. I was detained for two hours and released with my driver's license and car keys. The case was dropped before it even reached the DA. I received a letter from the police stating I was not arrested and just detained for questioning. The reason for my concern is I am about to start backgrounds for the fire department and I would like to know if that will show up. I have checked my personal background and it does not show up. So I am asking this question to try to obtain some peace of mind.
If you were arrested, you have a criminal arrest, you can retain a DUI attorney to have them file a motion to have do have you declared factually innocent.
In Colorado, the only way to be sure is to file a Motion to Seal the Arrest Record. It costs about $182 to file the motion plus filing fees and costs of service. You can contact a local criminal defense attorney in your area and they should be able to do this for you.
If it is not on CBI, then they should not be able to see it. it is often best to be forthcoming - they would rather an honest person who was arrested falsely than a liar.
If you were not fingerprinted and booked and you have a letter stating that you were detained as opposed to arrested, it should not show up on any background check.
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