Having Criminal Records Sealed in Colorado
If you are arrested in Denver or elsewhere in Colorado, just having an arrest on your record can be detrimental. If you are ultimately convicted of the offense, having to disclose a misdemeanor or felony criminal record can have devastating consequences long after the terms of your sentence have been completed. To be sure, having a criminal record can impact your ability to be hired for certain types of jobs, to be issued particular licenses, and to live in some places or to get approved for housing. A criminal record can also affect child custody or parental responsibilities. Given the impact that a criminal record can have for you, getting that record sealed can be lifechanging.
How can you have your criminal record sealed so that it is no longer affecting your life so significantly? Our Denver criminal defense attorneys can tell you more about how this process works, and we can speak with you today to begin working on your petition to have your record sealed.
Sealing Versus Expungement in Colorado
You might be wondering: is it possible to have my record fully expunged rather than just sealed? While some states do not distinguish between criminal record expungement and sealing, Colorado does. Under Colorado law, expungement refers to the process of removing records, and only limited offenses can be eligible. Record sealing, differently, means preventing your record from being publicly accessible. In other words, it is sealed from the public and will not show up on most types of background checks.
The only records that can be eligible for expungement in Colorado are those involving juvenile offenses (with several exceptions), and arrests based on mistaken identity. Otherwise, the only option is to have your records sealed. Not all criminal records are eligible for sealing — there are some exceptions, including certain serious felony offenses, sex crimes, and certain traffic-related offenses. Both non-conviction and conviction records can be eligible for sealing, depending on the offense.
How to Have Your Criminal Records Sealed
There are several steps you will need to take in order to have your criminal records sealed:
- Determine if the type of offense is eligible for record sealing;
- Find out if you have waited the required time period (different types of offenses have different waiting periods);
- Obtain copies of your criminal records; and
- File a motion to seal your record.
As the Colorado General Assembly explains, more criminal records are now eligible for sealing in Colorado, including certain class 3 felonies and level 2 drug felonies. To find out more about whether you could be eligible to have your records sealed, you should discuss the specifics of your situation with a defense lawyer in Colorado.
Contact a Denver Criminal Defense Lawyer About Having Your Records Sealed
Record sealing is extremely beneficial to many people in Colorado who have been arrested for or convicted of certain criminal offenses. If you believe you may be eligible to have your record sealed, you should get in touch with one of the experienced Denver criminal defense attorneys at DeChant Law as soon as possible.
Sources:
leg.colorado.gov/bills/hb19-1275
coloradojudicial.gov/sites/default/files/2023-07/JDF611.pdf
