Sealing a criminal record in Colorado can provide a pathway to new opportunities, such as better employment prospects, improved housing options, and less social stigma. However, not everyone is eligible to have their records sealed. This article aims to clarify who can and cannot have their criminal records sealed in Colorado.
What Does it Mean to Seal a Criminal Record?
Sealing a criminal record essentially makes it invisible to the general public. Once a record is sealed, it won’t show up in most background checks. However, certain law enforcement agencies and courts can still access these records.
Who is Eligible to Seal Criminal Records in Colorado?
Eligibility for sealing criminal records in Colorado largely depends on the specifics of the case. Here are some general guidelines:
- Arrests but No Charges: If you were arrested but not formally charged with a crime, you could petition to seal the arrest record immediately.
- Dismissed Cases: If your case was dismissed, you are generally eligible to have your record sealed.
- Acquittals: If you were acquitted at trial, you could petition to have your record sealed.
- Diversion Agreements and Deferred Sentences: If you have successfully completed a diversion agreement or a deferred sentence, you are typically eligible to have your record sealed.
- Certain Convictions After a Waiting Period: For certain types of convictions, you may be eligible to have your record sealed after a specified waiting period has passed since the final disposition of the case or release from supervision. The waiting period can vary depending on the offense.
Who is Not Eligible?
It’s equally important to understand who is not eligible to have their criminal records sealed. The following are typically ineligible:
- Certain Types of Convictions: Convictions for certain offenses, such as sexual offenses, DUIs/DWAIs, class 1 or 2 misdemeanor traffic offenses, class A or B traffic offenses, and certain types of felonies, are generally ineligible for sealing.
- Recent or Ongoing Cases: If you have a recent criminal case or a case that is still ongoing, you are likely ineligible to have your records sealed until the conclusion of the case
- Outstanding Obligations: If you have not fulfilled all the requirements of your sentence, including payment of restitution or completion of probation or community service, you will likely be ineligible.
Do Not Go At It Alone
Determining your eligibility for sealing criminal records can be a daunting task, but with the Baker Law Group, you’re not alone. Our skilled Denver Expungement Lawyers are ready to review your case and guide you through the complex eligibility criteria.
Trust our Colorado Criminal Defense Lawyers to provide you with accurate, personalized advice. Contact the Baker Law Group today, and let us help you understand your options and navigate the path toward a sealed record.