Having a criminal record can create long-term challenges, making it difficult to secure employment, housing, or even certain professional licenses. Many individuals hope to clear their past mistakes by sealing or expunging their records, but the process varies depending on the type of offense and its outcome.
In Colorado, record sealing and expungement are two distinct legal processes:
- Expungement: This process completely erases a record, as if the offense never occurred. However, expungement is only available in very limited circumstances in Colorado. It primarily applies to juvenile offenses and some underage alcohol or marijuana charges.
- Record Sealing: Unlike expungement, sealing a record does not erase it entirely. Instead, the record is removed from public view, meaning that most employers, landlords, and background check agencies cannot access it. However, law enforcement agencies, courts, and certain government entities can still see sealed records.
Because expungement is not an option for most adults, record sealing is often the only path for individuals looking to limit the impact of past criminal charges. However, not all offenses are eligible for sealing under Colorado law.
What Criminal Records Can Be Sealed in Colorado?
Colorado law provides opportunities to seal some types of arrests, dismissals, and convictions, but eligibility depends on the severity of the offense. Below is a breakdown of the crimes that can be sealed:
1. Arrests and Charges That Did Not Result in a Conviction
If you were arrested but never charged, or if your case was dismissed or resulted in an acquittal, you may petition for immediate record sealing. There is no waiting period required for these types of cases.
Additionally, cases dismissed through a deferred judgment and sentence agreement may be eligible for sealing once all conditions of the agreement are met.
2. Certain Misdemeanor and Felony Convictions
Colorado allows some misdemeanors and lower-level felonies to be sealed after a waiting period, provided the individual has completed all sentencing requirements, including probation or parole.
General waiting periods for sealing eligible convictions include:
- Petty offenses & minor misdemeanors: Can be sealed after 1 year.
- Most misdemeanor convictions: Can be sealed after 3 years, as long as the offense does not fall under an excluded category.
- Level 3 & Level 4 drug felonies: Can be sealed after 3 to 5 years, depending on the specific offense.
- Some nonviolent felony convictions: Can be sealed after 5 years, but only under strict conditions.
Recent legal changes have also introduced automatic record sealing for some cases, reducing the burden on individuals seeking relief.
3. Certain Drug-Related Convictions
Colorado has relatively broad record-sealing laws when it comes to drug offenses. Many drug possession charges, misdemeanor drug offenses, and some low-level felony drug crimes can be sealed, including:
- Possession of controlled substances (depending on the amount and type of drug)
- Drug paraphernalia offenses
- Certain Level 3 and Level 4 drug felonies (after the required waiting period)
However, drug distribution and trafficking convictions cannot be sealed in Colorado.
What Criminal Records Cannot Be Sealed in Colorado?
Although Colorado provides opportunities for many individuals to seal their records, some offenses are permanently ineligible. If you have been convicted of any of the following crimes, record sealing is not an option:
- DUI & DWAI Convictions: Colorado does not allow the sealing of any conviction related to drunk or drugged driving, including first-time offenses.
- Sex Offenses: Any crime classified as a sex offense, such as sexual assault, child pornography, or unlawful sexual contact, is permanently ineligible.
- Domestic Violence Convictions: While certain dismissed domestic violence charges may be sealed, any conviction involving domestic violence is not eligible for sealing.
- Serious Felony Convictions: Class 1, 2, and some Class 3 felonies, including homicide, kidnapping, and violent assaults, cannot be sealed.
- Crimes Against Children or Vulnerable Victims: Any conviction related to child abuse, elder abuse, or crimes against at-risk individuals is permanently excluded from record sealing.
How to Seal a Criminal Record in Colorado
If your offense qualifies for sealing, you must complete the following steps:
- Confirm Eligibility: Verify that your case qualifies for record sealing under Colorado Revised Statutes § 24-72-701 to 708.
- Wait the Required Time Period: If applicable, you must complete the necessary waiting period before filing.
- Prepare a Petition: File a formal petition for record sealing with the court that handled your case. This typically requires paying a filing fee.
- Provide Supporting Documents: Courts often require documentation, such as proof of sentence completion and a clean record since the conviction.
- Attend a Hearing (if necessary): Some cases require a hearing before a judge, particularly for felony offenses.
- Receive a Court Order: If approved, the court will issue an order to seal your record.
It is important to follow these steps carefully, as errors in the petition process can lead to delays or denials.
How an Attorney Can Help
While some record sealing cases are straightforward, others involve complex legal issues that require professional guidance. An attorney with experience in Colorado’s record sealing laws can help by:
- Determining whether your case qualifies for sealing
- Ensuring all paperwork is completed correctly
- Representing you in court if a hearing is required
- Advocating on your behalf to increase the likelihood of approval
Given that some cases require extensive documentation and legal arguments, seeking legal assistance can improve the chances of a successful petition.
Call Datz Law Firm for Help Sealing a Criminal Record
Sealing a criminal record can open new doors by removing past convictions from public view. If you believe your case qualifies, it’s important to take action as soon as possible.
To discuss your eligibility and start the process, contact us today. Our legal team is here to provide the guidance and support you need to move forward.
