Denver Expungement Lawyer

Denver Expungement Lawyers 

Understanding Expungement and Record Sealing in Denver 

At Baker Law Group, our attorneys possess a comprehensive understanding of the legal intricacies and profound impacts of expungements and record sealing. Our dedicated team is committed to guiding individuals through the complex process of clearing their records, thereby offering a fresh start and a brighter future. Expungement represents a legal course of action aimed at erasing or sealing an individual’s criminal record from public view. This process is crucial, as past criminal records can present significant hurdles in various aspects of life, including employment opportunities, housing applications, and social relationships.

Having a criminal record can create a significant hurdle in your day-to-day life. 

From employment opportunities to housing and higher education, past mistakes can make it challenging to move forward. 

In Colorado, the law provides certain pathways to reduce this burden through record sealing and, for some juvenile cases, expungement. If you are searching for a Denver expungements lawyer, Baker Law Group is prepared to provide the guidance you need to pursue a fresh start.

This page explains the differences between expungements and record sealings under Colorado law, outlines which offenses may be eligible, and offers insight into how an attorney can help. Whether you are looking for an expungements and dismissals lawyer to handle lingering legal matters or exploring your post-conviction options for record relief, our firm is here to support your best interests.

Understanding the Terminology Expungements vs. Record Sealing

In many states, “expungement” is a term used to describe the complete erasure of a criminal record from public databases. While Colorado does offer this remedy in limited situations (primarily for juveniles), most adults must seek “record sealing” instead. To clarify:

1. Record Sealing (Primarily for Adults)
   • Record sealing means that the general public does not have access to your criminal case records, including potential employers, landlords, or academic institutions.
   • Law enforcement and certain government agencies can often still view sealed records.
   • The legal authority for sealing adult criminal records in Colorado comes from C.R.S. §§ 24-72-701 to 24-72-706.
2. Expungement (Primarily for Juveniles)
   • Expungement typically destroys or completely removes the record from most databases, as though the incident never occurred.
   • In Colorado, expungement is largely reserved for qualifying juvenile records under C.R.S. § 19-1-306.
   • A successfully expunged juvenile record cannot be accessed by employers or most agencies, offering a true “clean slate.”

Understanding which process applies to your situation is crucial. Many adults incorrectly search for “expungement,” only to find their path to a fresh start lies in sealing their records. As a Denver expungements lawyer, Baker Law Group helps individuals navigate these distinctions, ensuring they pursue the correct legal remedy.

Why Seek Record Relief?

Carrying a criminal record can negatively impact various facets of your life. Even if you are not facing new criminal charges, the stigma of a past offense may create ongoing barriers. Potential benefits of sealing or expunging records include:

1. Improved Employment Opportunities
   • Employers often run background checks. A sealed or expunged record no longer appears in most standard employment screenings.
2. Better Housing Prospects
   • Landlords frequently use criminal records as a screening tool. Removing or sealing your record can expand your housing options.
3. Enhanced Educational Access
   • Colleges and universities may inquire about criminal histories. With a sealed or expunged record, you can often answer “no” to questions regarding convictions.
4. Peace of Mind
   • Record relief can alleviate the anxiety of repeated background checks. It may allow you to genuinely move on from a regrettable period in your past.

While this process offers substantial benefits, obtaining record relief is not automatic or guaranteed. Consulting an experienced attorney helps determine your eligibility and strategize the strongest possible petition.

Eligibility for Sealing Records in Colorado

Colorado law recognizes that certain arrests, charges, or convictions should remain confidential if specific criteria are met. Eligibility depends on various factors, such as the type of offense, the outcome of the case, and the time elapsed since completion of the sentence.

Cases That May Be Eligible

1. Acquittals, Dismissals, or No Charges Filed
   • If you were arrested but never charged, or if the case ended in a dismissal or “not guilty” verdict, you might be eligible to seal those records immediately.
   • C.R.S. § 24-72-702 outlines the ability to seal arrest records in these situations, often without a mandatory waiting period.
2. Certain Drug Convictions
   • Under C.R.S. § 24-72-706, some drug felonies and misdemeanors can be sealed. The time before you can file typically depends on the severity of the offense and completion of your sentence.
3. Municipal Court Convictions
   • Offenses tried in municipal courts might also be eligible for sealing, subject to waiting periods and completion of any imposed conditions.
4. Class 2, 3, or 4 Misdemeanors
   • If your offense was lower in severity and you fulfilled all sentencing requirements, you may qualify for sealing after a specified waiting period.
5. Certain Non-Violent Offenses
   • While many violent or sexual offenses remain ineligible, some non-violent convictions may be sealed if you meet the statutory criteria.

Cases Generally Ineligible

• Class 1 Felonies
  • Serious charges (like murder) often remain ineligible.
• Sex Offenses and Crimes Involving Children
  • These are typically exempt from sealing due to public safety concerns.
• Domestic Violence Offenses (often have specific restrictions)
• DUIs (often ineligible for sealing under Colorado law)

It is critical to evaluate your unique circumstances to confirm eligibility. Certain felony offenses might be sealed if reduced in severity or if the law has changed. A qualified expungements and dismissals lawyer can guide you through this intricate process, ensuring you take the best course of action.

The Process for Sealing Adult Criminal Records

While each case has unique steps depending on the charges, the general framework for petitioning the court to seal records often includes:

1. Determine Eligibility
   • Your attorney reviews your criminal history, the nature of the charge or conviction, and the relevant statutory requirements.
2. Fulfill Any Waiting Period
   • Colorado law sometimes requires a waiting period before filing a petition for record sealing. This waiting period can range from one to several years after completing your sentence, including probation and parole.
3. Prepare the Petition
   • Once eligible, you (or your attorney) file a petition with the court that presided over the case. This petition outlines why you qualify and provides necessary documentation.
4. Notify Relevant Agencies
   • Parties such as the district attorney’s office, law enforcement agencies, and others must be notified. They have an opportunity to object.
5. Court Hearing
   • If there are objections, the court may schedule a hearing. You, or your Denver expungements lawyer, can present arguments demonstrating why sealing your records serves justice and the public interest.
6. Court Order
   • If the judge grants the petition, an order is issued to seal your records. Officially, the sealed record is treated as though the crime never occurred for most background checks.

Throughout this process, having legal counsel can be invaluable. Errors in documentation or misunderstandings about eligibility may lead to denial. An attorney ensures compliance with the latest legal developments and supports you before the court if objections arise.

Expungement for Juvenile Records in Colorado

Juveniles who face criminal allegations have the added option of expungement under C.R.S. § 19-1-306. While requirements vary based on the nature of the offense and the juvenile’s criminal history, the goal is to provide youth with a genuine second chance.

Juvenile Expungement Eligibility

1. Successful Completion of Diversion or Deferred Judgment
   • If the juvenile completed a diversion program without further incidents, the record may be eligible for expungement.
2. Certain Juvenile Adjudications
   • Lower-level or non-violent offenses often qualify, provided all court-ordered conditions (like restitution or community service) are met.
3. Automatic Expungement
   • Some cases qualify for automatic expungement, though this is not universally applicable to all juvenile proceedings.

Once granted, expungement in the juvenile context erases any mention of the crime from public access, allowing the youth to move forward without the stigma of a criminal record. This benefit can be crucial for obtaining scholarships, student loans, or certain job opportunities.

Dismissals and Their Impact on Record Relief

Sometimes, before seeking record relief, individuals strive to achieve a dismissal of their active charges. A dismissal effectively ends the case without a conviction, although the arrest or court records still remain. Even in cases of dismissal, it is often necessary to pursue record sealing if you wish to obscure these entries from public view.

1. Dismissed Charges
   • With no conviction, you may be eligible to seal records almost immediately, removing the details of the case from public scrutiny.
2. Deferred Sentencing Leading to Dismissal
   • If you successfully complete probation under a deferred judgment, the court may dismiss the charge. Afterward, you may pursue sealing if the offense qualifies under Colorado law.

Individuals seeking both “dismissals” and “expungements” often deal with parallel processes. A knowledgeable attorney can coordinate your defense strategy to aim for dismissal first, followed by sealing or expungement if legally permissible.

Why Choose Baker Law Group for Your Expungement Needs? 

Our legal team at Baker Law Group is committed to providing top-notch legal representation and personalized attention to each case. We understand the sensitivity and significance of expungement and record sealing cases and are devoted to handling each case with the utmost confidentiality and diligence. Our attorneys are well-versed in the latest legal precedents and possess the expertise required to navigate the complexities of expungement laws. By choosing Baker Law Group, you are entrusting your case to a team that is dedicated to achieving the best possible outcome for your situation.

Common Questions About Record Sealing and Expungement

1. Can I Seal My DUI Conviction?
   • Generally, DUI convictions are not eligible for sealing in Colorado. However, if you faced DUI charges that were dismissed, you might seal the arrest record.
2. Do I Have to Disclose a Sealed Record to Employers or Landlords?
   • In most cases, you can lawfully state that you have not been arrested, charged, or convicted of the sealed offense. However, sealed records remain accessible to certain government agencies, like law enforcement or courts.
3. How Long Does the Process Take?
   • The timeline varies. Once a petition is filed, it may take several weeks or months, especially if the court schedules a hearing or if any party objects.
4. What if My Case Was in Multiple Counties?
   • You typically need to file a petition in each jurisdiction where a charge appeared. This can complicate the process but is necessary for a thorough sealing or expungement.
5. Is a Pardon the Same as Sealing or Expungement?
   • A pardon is granted by the Governor, signifying forgiveness of a crime, but does not necessarily seal or expunge the record. You may still need to separately petition for record relief.

Navigating the Expungement Process 

The journey to expungement is a multifaceted process that varies significantly based on jurisdiction, the nature of the offense, and specific legal stipulations. Generally, the process involves filing a petition, attending a court hearing, and awaiting a judge’s decision. Our proficient attorneys at Baker Law Group meticulously analyze each case, offer sound legal advice, and craft a tailored approach to navigate the expungement process effectively. We stand by our clients at every step, ensuring they are well-informed and prepared for the proceedings.

Record Sealing: A Path to Privacy 

In certain instances, complete expungement might not be feasible, making record sealing an alternative path worth considering. Record sealing differs from expungement in that the criminal record is not erased but rather removed from public access. This means that the record exists but is not visible to employers, landlords, and the general public. Our attorneys possess extensive experience in record sealing matters and are adept at evaluating the eligibility criteria, preparing compelling cases, and advocating for our clients’ right to privacy.

Comprehensive Support and Guidance 

Baker Law Group is not only committed to delivering successful legal outcomes but also to providing ongoing support and guidance throughout the expungement or record sealing process. We believe that our clients deserve a service that extends beyond legal representation. Our team is always ready to address concerns, clarify legal jargon, and provide updates about the progress of the case. We strive to make the legal journey as smooth and stress-free as possible for our clients.

Proven Track Record of Success 

Our firm prides itself on a proven track record of success in expungement and record sealing cases. Our dedicated attorneys have helped numerous individuals reclaim their lives by clearing their records and restoring their reputations. At Baker Law Group, success is not just measured by legal victories but by the positive, life-changing impacts we have on our clients’ lives.

Confidential Consultations 

Understanding the sensitive nature of expungement and record sealing, Baker Law Group offers confidential consultations to discuss your unique situation. During these consultations, our skilled attorneys provide a thorough assessment of your case, outline the potential pathways to clearing your record, and offer professional advice on the best course of action. Our primary goal is to ensure that you are well-informed and comfortable with the legal steps ahead.

Commitment to Excellence 

At Baker Law Group, our commitment to excellence is unwavering. We continuously strive to uphold the highest standards of legal practice, staying abreast of the evolving legal landscape and leveraging our extensive knowledge to benefit our clients. Our team is dedicated to fostering a culture of respect, integrity, and professionalism, ensuring that each client receives the quality service they deserve.

Contact Us Today 

If you or someone you know is seeking professional legal assistance with expungement or record sealing, look no further than Baker Law Group. Our seasoned attorneys are ready to help you navigate the complexities of the legal system and work tirelessly towards securing a favorable outcome. Contact us today to schedule a confidential consultation and take the first step towards a new beginning. At Baker Law Group, your future is our priority. Let us help you clear the path towards a brighter and more promising tomorrow.