Denver Expungement Lawyer

As you are probably well aware, having any type of criminal record can severely hamstring your progression in life. From getting a job to acquiring a loan, a criminal record will only hold you back. However, you may be able to have your criminal record expunged or sealed, depending on the type of crime you were charged with, and other factors. Expungement or sealing can give you the privacy to move on with your life and finally put your unfortunate past behind you. Denver expungement lawyer Reid DeChant at DeChant Law will look at your case and help you decide what actions to take.

Expungement Vs. Sealing

While many people use the two terms interchangeably, there is a difference between record sealing and expungement in Colorado. Expungement can only be applied to juvenile criminal records, and it involves actually destroying a criminal record, versus hiding it from public view. As such, expungement can be utilized by current juveniles and adults who were convicted as juveniles. As far as the law is concerned, an expunged record is a record that never existed in the first place. Record sealing is still a great option for adults with criminal records, as sealing hides their past from virtually everyone, including employers, potential employers, landlords, banks and lenders, educational institutions, and other institutions. The only parties that will have access to one’s sealed record are those in the criminal justice system. See C.R.S. 24-72-703 for specifics.

What Offenses Can Be Expunged in Colorado?

There are different rules for those with juvenile criminal records and those with adult records when it comes to what offense can and cannot be expunged. Factors that play a role in expungement eligibility include the type of offense, the age of the defendant at the time of the offense, and how long ago the conviction or arrest occurred.

Most juvenile records
Underage Drinking and Driving (UDD)
Criminal arrests that were the result of mistaken identify

What Offenses Cannot Be Expunged in Colorado?

If an arrest or conviction is not eligible for expungement, it may be eligible for sealing in Colorado.

Violent Juvenile Offender Adjudications
Aggravated Juvenile Offender Adjudications
Adult convictions
Traffic Violations
Sex Offenses

What Offenses Can be Sealed in Colorado?

Any dismissed case or criminal conviction that does not fall into the below list of offenses that cannot be sealed are eligible for sealing. If you are seeking to seal a criminal conviction, a certain period of time must go by from the date of completing the sentence. You are able to submit a petition for the court to seal your case once every 12 months. It is important you file the documents correctly or contact us to do the petition for you. The below are situations where you are eligible to seal your case:

If you completed a diversion program and the case was dismissed
If you completed a deferred judgment and all charges were dismissed
A case if all charges were dismissed
An arrest if the government never pursued formal charges
Any misdemeanor if the DA consents to sealing or if the court finds the need for sealing is significant and substantial, the passage of time is such that the petitioner is no longer a threat to public safety, and the public disclosure of the record is no longer necessary.
Any offense that does not fall into the below categories

When is a Conviction Eligible for Sealing?

If you are seeking to seal a conviction, there are periods of time that must elapse before the case is eligible for sealing. If you are seeking to seal multiple charges in a single case, whatever wait period is longer will apply. The wait period starts upon completion of the sentence. This means once you finish probation, for example, not when you were sentenced.

Petty offenses: 1 year
Class 2 or 3 Misdemeanors: 2 years
Class 1 Misdemeanor, Class 4-6 felonies and Class 3-4 drug felonies: 3 years
Felonies: 5 years

What Offenses Cannot be Sealed in Colorado?

There are various factors that may make your situation ineligible for sealing. It is important to contact a Denver Expungement Lawyer to determine if your case is eligible. C.R.S. 24-72-702 discusses sealing arrests or criminal records other than convictions. Some offenses that are not eligible for sealing include:

Sex crimes
Domestic Violence
Class 1 Felonies
Class 2 Felonies
Class 3 Felonies
DUI/DWAI convictions
Level 1 Drug Felonies
Class 1, 2, A, and B misdemeanor traffic offenses
Commercial Driving License deferred judgments
If a case was dismissed as part of a global plea
If there are outstanding fees, fines or costs associated with the case

Call a Denver Expungement Lawyer Today

Whether you have a criminal record from your time as a juvenile, or you were arrested for an offense later on in life, expungement or criminal record sealing may be an option to help you get your life back on track and leave the past in the past. To learn more about your options for destroying or sealing your criminal record from public view, call Denver expungement lawyers at DeChant Law today at 303-409-7500 for a free consultation.