Going through life with a criminal record can be difficult. If you have past criminal charges and convictions, they can make it hard to pursue the future you really want. However, in some scenarios, past legal mistakes can be removed.
Through the processes of sealing and expungement, many people can access a fresh start. Some legal avenues even allow you to restore your legal rights. Pursuing these courses of legal action can help you move forward with your life!
About Sealing and Expungement in Colorado
Sealing is an in-depth legal process. If you have a skilled sealing and expungement lawyer on your side, it can help to expedite the process. Moreover, your sealing and expungement lawyer will ensure that your case has been successfully sealed so that you can move forward with peace of mind.
If you successfully legally seal your criminal records, no other entities apart from police officers will be able to access a record of your past criminal history. This can give you a fresh start, better employment options, and more.
The guidelines for sealing and expungement can be found under Criminal Justice Record Sealing § 24-72-701.5. To learn more about these processes, we recommend calling our criminal defense attorneys. Our team is here to answer your legal questions and provide you with guidance.
What is the difference between sealing and expungement in Colorado?
Expungement results in the deletion of any record of criminal charges or events that occurred involving arrests or criminal activity. Record sealing makes your criminal record invisible to the public so that it will no longer appear on future background checks.
Who can have their criminal record expunged?
To be eligible for expungement in Colorado, certain terms must be met. These include having your charges formally dismissed, being acquitted of charges, or being a juvenile. Expungement is not available for every criminal conviction. If you would like to have your case reviewed by an attorney, contact our firm and allow us to conduct a sealing and expungement case consultation.
Requirements for Criminal Record Expungement in Colorado May Include:
- Formal charges that were later dismissed
- An arrest record with no official charges filed
- Wrongful charges
- Case dismissals
- Juvenile delinquency record
- Juvenile crimes
- Misdemeanors
- Minor drug charges
- Charges that are more than ten years old
Each expungement case is unique. Speaking with a qualified expungement attorney is the best way to determine your eligibility for this course of legal action.
What is criminal record sealing?
In Colorado, having your record sealed involves getting your criminal history hidden from the public. If your criminal record is sealed, it will no longer come up on background checks. This can greatly improve your chances of accessing employment and housing prospects. Colorado’s record sealing process involves many steps. Some of these steps include obtaining copies of records, filing petitions with the court, paying filing fees, and filling out forms correctly.
Who is eligible to have their criminal record sealed in Colorado?
If you have been arrested or convicted of a crime in Colorado, documentation of the events that took place will go on your criminal record. These records are accessible to the public through background checks.
When your record is sealed, your criminal past will no longer come up when a background check is conducted. Essentially, this makes the record of your past criminal behavior invisible. Similar to expungement, not everyone in Colorado is eligible to have their records sealed. The court will grant record seals only to individuals who meet certain conditions. If a record to seal is granted, when that individual applies for a job, those convictions would no longer show up on any background checks.
Once your criminal record has been sealed, you can also legally deny being convicted or arrested for certain crimes. There are rare exceptions to this. To learn more about Colorado record seals, contact our law offices.
What are the advantages of having your criminal record sealed?
There are many advantages to gaining a criminal record seal in Colorado. Many employers will not consider hiring applicants with criminal records. As such, having your record sealed will vastly improve your future job prospects.
Your criminal record might put a barrier between yourself and future opportunities. Making it invisible removes this barrier and gives you a brighter future.
In Colorado, what kinds of criminal records can be sealed?
There are many factors used by the court to determine whether your record is eligible to be sealed. Factors like your age when a crime was committed, the kind of criminal offense, and whether you completed all of your sentencing terms will be considered. Having an attorney assisting you can greatly improve your chances of gaining a criminal record seal.
Factors Considered for Granting a Colorado Criminal Record Seal
- Whether you were convicted of a crime or simply charged with one
- Type of criminal conviction
- Your age at the time crime was committed
- Whether your case was closed or dismissed
A criminal case is considered closed after a final disposition has been completed and all penalties and terms of a sentence have been concluded § 24-72-706.
Can a felony criminal record be sealed or expunged in Colorado?
Certain felony convictions can be sealed in Colorado. If you are unsure whether your criminal record can be sealed, it is best to contact an experienced attorney. That way, you can get a customized case review and find out how best to legally proceed.
Felony convictions can be sealed in Colorado if they are class 4, class 5, or class 6. Class 3, class 2, and class 1 felony convictions usually cannot be sealed. However, level 2, level 3, and level 4 drug felonies may also be eligible for a criminal record seal. There is a waiting period that must be completed for some felonies. Many felony charges have a three or five-year waiting period before sealing can take place. § 24-72-706.
The process of sealing a felony criminal record is more complicated than sealing a misdemeanor or petty offense. Is best to hire a lawyer for felony criminal record sealing.
Certain crimes and felony convictions cannot be sealed in Colorado. These may include DUIs, domestic violence, and sex crimes. However, charges that are dismissed are now more often eligible to be sealed immediately. If you would like to seal a felony arrest record, contact our attorneys and they will help you complete a JDF 417 form.
How long before a criminal record can be sealed in Colorado?
It will depend on your criminal charges, convictions, and the outcome of the case. The waiting period will also depend on whether you are eligible to have your case sealed and whether your case has been closed. To find out how long you need to wait for your specific situation, call our attorneys.
Does it take a long time to have your criminal record sealed?
Once again, every case is different. The judge may take a few weeks or even months to determine whether or not to grant you a criminal record seal. If your case is approved, you will need to submit copies of the judge-ordered sealing decree to every agency with your criminal record on file. After an agency receives an order for record sealing in the mail, it can take time for your record to be sealed.
This is another area in which a skilled lawyer can assist you. Your sealing and expungement lawyer will be able to direct you as you petition the judge and send any potentially approved sealing decrees to the proper agencies.
Can a petition to seal be denied, and if so, what’s next?
If the court denies your record seal petition, they will send you an order outlining the reason for the denial. At this time, you may be asked to resubmit your forms or correct any mistakes. Once again, having an experienced sealing and expungement lawyer on your side can help expedite this process. Your lawyer will also ensure that no mistakes are made on the forms you must fill out.
Need Assistance with Sealing and Expungement in Denver or Elsewhere in Colorado? Call Koziel & Lehr Law Now!
Contact Koziel & Lehr Law LLC! Our criminal defense and family law attorneys have been serving the residents of Colorado with skilled legal consultation for years. We have helped people just like you get their criminal records sealed or expunged. Let us assist you as you seek a brighter future!
Call Koziel & Lehr Law LLC to Schedule Your Sealing and Expungement Consultation at (720) 314-8750 today.