Having a criminal record can significantly impact various aspects of your life, from finding employment to securing housing and even obtaining loans. In Colorado, individuals with certain types of criminal records may have the option to seal or expunge their records, allowing them to move forward with a clean slate. If you're wondering whether you're eligible for Colorado criminal record sealing, this guide will explain the process, the benefits, and the steps involved in sealing your record.
Criminal record sealing is the process of making a criminal record invisible to the general public. Once a record is sealed, it is no longer accessible through background checks conducted by employers, landlords, or other entities. In many ways, it’s as though the conviction or charge never occurred. However, law enforcement and certain government agencies may still access sealed records under specific circumstances.
In Colorado, the ability to seal criminal records varies depending on the type of crime, the disposition of the case, and how much time has passed since the conviction. Record sealing is different from expungement, which is typically reserved for juvenile records or cases where a conviction was never entered.
A criminal record can haunt you long after you've paid your debt to society. By sealing your record, you may be able to:
Not everyone is eligible to seal their criminal record in Colorado. The eligibility requirements depend on the nature of the charges, the outcome of the case, and the length of time that has passed since the conviction. Below are some key eligibility guidelines:
If you were arrested or charged with a crime but were later acquitted, or the charges were dismissed, you are generally eligible to seal the record. You can apply for sealing immediately after the case is resolved.
If you successfully completed the terms of a deferred judgment and the charges were dismissed, you may be eligible to seal your record. Colorado law allows for the sealing of most deferred judgment cases immediately after the case is dismissed.
Some misdemeanor convictions can be sealed after a designated waiting period. For example, misdemeanor drug convictions may be sealed after a specific amount of time has passed since the completion of the sentence or probation.
Certain non-violent felony convictions may be eligible for record sealing. However, the waiting period for felony convictions is generally longer than for misdemeanors and may require several years of good behavior after completing your sentence or probation.
There are several types of offenses that cannot be sealed under Colorado law. These include, but are not limited to, convictions for violent crimes, sexual offenses, domestic violence cases, and DUIs. Additionally, records of convictions for traffic violations and habitual criminal offenses cannot be sealed.
The process for sealing a criminal record in Colorado can be complicated, and it is advisable to seek legal counsel to guide you through it. Here are the general steps involved:
The first step is to determine whether you are eligible to have your record sealed. This can be done by reviewing the type of offense, the case outcome, and how much time has passed since the completion of your sentence. A criminal defense attorney can help you assess your eligibility.
To begin the sealing process, you will need a copy of your criminal record. You can obtain this from the Colorado Bureau of Investigation (CBI). This record will provide details about your charges, convictions, and court proceedings, all of which are necessary for the next steps.
Once you’ve confirmed your eligibility, the next step is to file a petition to seal your record. This petition must be submitted to the court in the jurisdiction where your case was heard. In the petition, you’ll need to provide detailed information about your case, including the charges, the disposition of the case, and your reasons for requesting the sealing.
In some cases, the court may schedule a hearing to review your petition. During the hearing, you or your attorney will present your case to the judge, explaining why your record should be sealed. If the prosecution opposes the sealing, they may present their argument as well.
After reviewing your petition, the judge will either approve or deny the request. If approved, the court will issue an order to seal your record. Once the order is issued, your record will be sealed, and it will no longer appear in public background checks.
After the court issues the sealing order, you must notify the Colorado Bureau of Investigation and any other relevant agencies (such as local police departments) to ensure that the record is fully sealed in their systems.
The timeline for sealing a criminal record in Colorado can vary depending on the complexity of the case and whether a hearing is required. On average, the process can take several months from start to finish. It's important to be patient and ensure that all steps are followed correctly to avoid any delays.
Sealing your criminal record can provide you with a fresh start, free from the limitations and stigma associated with a criminal history. However, the process is complex, and working with an experienced attorney can help ensure that you meet all eligibility requirements and file the necessary paperwork correctly.
At Kosloski Law, PLLC, we specialize in helping individuals in Denver and throughout Colorado seal their criminal records. Contact us today for a consultation and take the first step toward a brighter future.