For individuals with a felony record, the potential to have it sealed can offer a fresh start, opening doors to employment, housing, and other essential opportunities. In Colorado, sealing a felony record isn’t always straightforward. It varies based on factors like the type of felony, the outcome of the case, and the time elapsed since the conviction. Here, we’ll explore the requirements for sealing a felony record in Colorado, particularly for those in Denver, and outline steps you may need to follow.
Understanding Record Sealing vs. Expungement
In Colorado, record sealing and expungement are distinct processes. Expungement is typically reserved for juvenile records or cases involving dismissed charges under unique conditions, while record sealing is more widely applicable to adults with criminal records. Sealing a felony record means that it’s removed from public databases, and generally, individuals do not have to disclose it in employment or housing applications. However, certain agencies may still access sealed records under specific circumstances, such as during background checks for federal jobs.
Who is Eligible to Seal a Felony Record in Colorado?
Eligibility to seal a felony record in Colorado depends on the type of felony and the case’s specifics. Generally, non-violent, low-level drug felonies and certain misdemea
nors may be sealed under Colorado Revised Statutes (C.R.S.) § 24-72-706. However, there are specific restrictions:
- Felonies involving violence or serious harm, such as assault, murder, and sexual assault, are typically ineligible for sealing.
- Class 1 and Class 2 felonies are often not eligible, although exceptions may exist depending on legislative changes or unique case circumstances.
- Certain drug felonies, particularly low-level offenses, may be sealed if conditions are met.
Colorado’s legal framework continues to evolve, and understanding which offenses are eligible can be challenging without legal guidance.
Required Waiting Periods for Felony Record Sealing
A critical factor in sealing a felony record is the waiting period. For many felony offenses, a specific amount of time must pass before you can petition for sealing:
- Felony Convictions: Individuals typically must wait three years after completing all court-imposed terms, including probation and restitution, to petition for record sealing. For some felonies, this waiting period may extend up to ten years.
- Dismissed Felony Cases: If a felony case was dismissed, there might be no waiting period, allowing immediate eligibility for sealing under certain conditions.
- Drug Felonies: For low-level drug felonies, the waiting period can be shorter, often just one year, though requirements vary.
The timeframes and eligibility requirements are subject to the specific felony class and other legal nuances. Consulting with a Denver criminal attorney can help determine the correct waiting period based on your case details.
How the Sealing Process Works in Colorado
Sealing a felony record involves several legal steps and often requires a thorough review of court records and past case details. Here’s a basic overview:
- File a Petition: You must submit a formal petition for record sealing with the court where the conviction occurred. This petition should include details like case numbers, charges, and reasons for requesting the sealing.
- Pay Court Fees: Petitioning for record sealing involves filing fees. Fee waivers may be available for those experiencing financial hardship.
- Notify Interested Parties: Once the petition is filed, certain parties, such as the district attorney’s office, must be notified. They have the right to object to the sealing request, which may result in a court hearing.
- Court Hearing: If any parties object to the sealing, the court will schedule a hearing where you can present your case. This is an opportunity to explain how sealing your record will benefit your future.
- Court Decision: If the court grants the sealing, the record will be officially sealed, and you are generally no longer required to disclose the felony to most employers, landlords, or institutions.
This process may seem complex, and hiring a Denver criminal lawyer with experience in record sealing can increase the chances of a favorable outcome.
Potential Benefits of Sealing a Felony Record
Sealing a felony record can offer substantial benefits, especially for those who have fulfilled all legal requirements and are committed to personal growth. Key benefits include:
- Employment Opportunities: Many employers conduct background checks, and a felony record can be a significant barrier. Sealed records do not appear on most background checks, allowing individuals to pursue career opportunities without disclosure.
- Housing Access: Landlords frequently screen applicants for criminal history. With a sealed record, individuals may apply for housing without fear of rejection based on past felony convictions.
- Educational and Financial Aid Opportunities: Some colleges and federal aid programs may limit access to individuals with a felony record. Sealing a record can enhance eligibility and improve access to these resources.
- Social Stigma: A sealed record allows individuals to move forward without the stigma associated with a felony conviction, facilitating smoother integration into society.
Factors That May Affect Record Sealing in Colorado
While Colorado’s record-sealing laws are designed to support rehabilitation, several factors may impact the success of your petition:
- Type of Felony: The specific nature of the offense is critical in determining eligibility. Violent and sexual crimes are generally ineligible.
- Completion of Sentencing: The court typically requires full compliance with all sentencing terms, including probation, parole, and restitution payments.
- Demonstrated Rehabilitation: The court may consider evidence of personal growth, such as steady employment, community service, or positive references.
- Repeat Offenses: Individuals with repeat felony convictions may face greater challenges in obtaining record sealing, as the court may view them as high-risk.
Changes in Colorado’s Record Sealing Laws
Colorado has undergone recent legislative changes that affect eligibility for sealing certain criminal records. As more people seek second chances, lawmakers continue to evaluate and expand the criteria for record sealing. However, these changes are often nuanced, and understanding their impact on individual cases can be challenging. Engaging with an attorney who is well-versed in Colorado’s criminal law landscape ensures you stay informed about your rights and opportunities.
Contact a Denver Criminal Lawyer
If you’re considering sealing a felony record in Colorado, consult with an experienced Denver criminal lawyer at Baker Law Group. Our team understands the intricacies of Colorado’s record-sealing laws and can guide you through the petition process to help you secure a second chance. Don’t let a past felony record limit your future—contact Baker Law Group today for a consultation.
