Difference Between Sealing and Expunging Criminal Records in Colorado
A criminal record can impact various aspects of life, from securing employment to finding housing. For individuals with criminal records in Colorado, clearing or restricting access to these records can be life-changing. In Colorado, two primary methods exist: sealing and expunging records. Although they may seem similar, there are essential differences between the two. In this post, we’ll explore these differences, the eligibility requirements, and the benefits of each process for individuals seeking a fresh start in Denver.
Understanding Sealing of Criminal Records in Colorado
Sealing a criminal record in Colorado limits who can view the record. While the record isn’t entirely erased, access is restricted, which can be a significant advantage for someone attempting to move forward without the shadow of a criminal history affecting their opportunities.
- What Record Sealing Means
When a record is sealed, it is removed from public access, which means that most individuals and organizations (such as potential employers or landlords) cannot see it during background checks. However, some entities, like law enforcement or certain government agencies, may still access these records if necessary. - Eligibility for Sealing Criminal Records in Colorado
Eligibility for sealing depends on various factors, including the type of offense and the case outcome. Generally, records from dismissed cases, cases with acquittals, and certain non-violent misdemeanor convictions may be sealed. However, more serious offenses, like violent crimes or some felonies, may not be eligible. Colorado law outlines specific waiting periods that must pass before a record can be sealed:- Petty Offenses and Municipal Violations: 1 year after completion of the sentence.
- Class 2 and Class 3 Misdemeanors: 2 years after sentence completion.
- Felonies: 3 to 5 years after completion of the sentence, depending on the class of felony and other circumstances.
- Benefits of Sealing Criminal Records
In most cases, once a record is sealed, individuals can legally state they have not been convicted or arrested for the sealed offense. This can improve chances for employment, housing, and loan applications. Additionally, sealing can help reduce the stigma associated with a criminal record, allowing individuals to rebuild their reputation and future without the burden of past mistakes. - Limitations of Sealing Records
While sealing provides substantial privacy, it does not entirely erase the record. Certain agencies and law enforcement can still access these records, which may impact situations involving future criminal charges or specific professional licensing applications. Understanding these limitations is crucial for individuals considering sealing their records.
What is Expungement in Colorado?
Expungement is another process for handling criminal records, but it applies to a limited range of cases. Expungement involves completely removing a record, essentially “erasing” it from existence as if the offense never occurred. In Colorado, expungement is primarily available in cases involving juvenile crimes, certain underage drinking and driving cases, and arrests or charges based on mistaken identity.
- What Expungement Means
Expungement goes further than sealing by completely eliminating the criminal record. This means that, in most cases, law enforcement and government agencies cannot access the expunged record. Essentially, the record is destroyed, giving the individual a fresh start without any trace of the offense on public record. - Eligibility for Expungement in Colorado
Expungement eligibility is restricted to specific cases in Colorado, primarily for:- Juvenile Records: Juveniles may be eligible for expungement depending on the nature of the offense and their age at the time of the offense.
- Underage Drinking and Driving Convictions: Colorado allows individuals with certain underage drinking and driving offenses to pursue expungement.
- Arrests and Charges Due to Mistaken Identity: Individuals wrongly identified and arrested may qualify for expungement to clear their name.
- Expungement is not available for adult convictions in Colorado, meaning that most adults must rely on sealing to limit access to their records.
- Benefits of Expunging Criminal Records
Expungement provides a level of privacy and relief beyond what record sealing offers. Since the record is completely erased, individuals can confidently state they have never been convicted or arrested for the expunged offense. This allows for full participation in society, including employment opportunities, educational pursuits, and access to housing, without any record to hold them back. - Limitations of Expungement
Although expungement offers extensive relief, its limited availability restricts who can benefit. Only individuals who meet the strict eligibility requirements may pursue expungement, and most adult criminal convictions are excluded from this process. Sealing may offer a viable alternative for those unable to expunge their records.
Key Differences Between Sealing and Expungement
Although sealing and expungement help reduce the visibility of criminal records, they have significant differences that impact eligibility and outcomes.
| Feature | Sealing | Expungement |
| Eligibility | A broad range of cases, including non-violent misdemeanors and dismissed cases | Limited to juvenile offenses, mistaken identity, and specific underage convictions |
| Effect | Limits access to the record, not visible to the general public | Erases the record entirely |
| Who Can Access | Some government agencies and law enforcement | Generally inaccessible to all, including law enforcement |
| Benefits | Improves privacy, enhances employment/housing opportunities | Complete privacy allows a fresh start |
| Availability | It is more accessible for adults with various types of offenses | Limited availability, primarily juvenile cases |
The Process of Sealing and Expunging Records in Colorado
For those considering sealing or expunging a record, the process typically involves filing a petition with the court and meeting specific legal requirements.
- Filing a Petition
Both sealing and expungement require submitting a formal petition to the court. This petition includes information about the offense, its disposition, and the individual’s eligibility. The court reviews this information to determine if sealing or expungement is appropriate. - Court Review and Approval
The court will assess the case details, including the type of offense, the time elapsed, and the individual’s criminal history. If the court approves the petition, the record will be sealed or expunged, depending on the type of relief sought. - Hiring a Legal Professional
Working with a skilled expungement or sealing lawyer can simplify the process and help individuals understand their eligibility and options. A knowledgeable Denver expungement attorney ensures all necessary documentation is complete, deadlines are met, and the court receives a compelling case for sealing or expungement.
Contact a Denver Expungements Lawyer
If you’re looking to seal or expunge your criminal record in Denver, the experienced legal team at Baker Law Group can help. Our attorneys understand the intricacies of Colorado’s record-sealing and expungement laws and are dedicated to confidently and clearly guiding clients through the process. A clear record can open new doors and provide a fresh start—don’t let your past hold you back from the future you deserve.
Contact Baker Law Group today to discuss your options for sealing or expunging your record.