A criminal record can affect many areas of your life, from employment opportunities to housing options. In Colorado, record-sealing laws allow some individuals to seal their records, which prevents public access to certain criminal records. However, the process is not immediate, and there are specific waiting periods based on the type of offense. Understanding the waiting periods for record sealing and what steps to take can make this process more manageable and allow individuals a second chance to move forward.
What is Record Sealing?
Record sealing is a legal process restricting public access to certain criminal records, such as arrest records, dismissed cases, and low-level convictions. Unlike expungement, which permanently erases a record, sealing keeps the record on file but restricts its access by most public members. Employers, landlords, and others typically cannot view sealed records, though certain government agencies may still have access.
Who is Eligible to Seal Their Record in Colorado?
In Colorado, eligibility to seal a record depends on the type of case, its outcome, and how much time has passed since the case concluded. Some records, such as those related to most Class 1 felonies, sex crimes, and DUIs, are not eligible for sealing. However, certain dismissed cases, cases with acquittals, and lower-level convictions may qualify.
The eligibility guidelines under Colorado law (refer to C.R.S. § 24-72-706) help individuals understand if their records can be sealed and provide a timeline for when they can apply.
Waiting Periods for Sealing Records in Colorado
The waiting period for sealing a record varies depending on the type of offense and how the case was resolved. Here’s a breakdown of typical waiting periods based on Colorado statutes.
Dismissed Cases and Acquittals
If a case was dismissed or ended with an acquittal, there is generally no waiting period to file a petition for sealing. You may apply to have the record sealed immediately after the case concludes. Given the absence of a conviction, these cases are often the easiest and quickest to seal.
Petty Offenses and Municipal Violations
Petty offenses and municipal violations generally have a one-year waiting period from completing all terms of the sentence, including any fines, restitution, or probationary requirements. After this period, individuals may petition the court to seal the record.
Drug-Related Offenses
Colorado offers specific waiting periods for drug-related offenses based on the severity of the offense:
- Petty Drug Offenses: Individuals may be eligible to petition for record sealing one year after completing their sentence.
- Misdemeanor Drug Offenses: The waiting period for misdemeanor drug offenses is typically two years from the completion of the sentence.
- Felony Drug Offenses: The waiting period for felony drug offenses is generally three years after the sentence is completed.
Drug offenses have more lenient waiting periods than other crimes due to state laws encouraging rehabilitation and reintegration for individuals with drug-related convictions.
Misdemeanor Convictions
For non-drug misdemeanor convictions, the waiting period is generally two years. This includes the court’s conditions, such as probation, fines, or community service requirements. After the waiting period, you can petition to seal the record if no additional charges have been incurred.
Felony Convictions
For many felonies, the waiting period is longer due to the seriousness of the crime:
- Class 4, 5, and 6 Felonies: You can petition to seal these felony records after a three-year waiting period from the completion of the sentence.
- Class 3 Felonies: The waiting period is generally five years from the completion of the sentence.
Certain felony convictions, such as violent crimes, sexual offenses, and DUIs, are not eligible for record sealing. This restriction is based on the severity of these crimes and their impact on public safety.
Additional Factors That May Affect the Waiting Period
In some cases, factors may extend or affect the standard waiting period:
- Subsequent Convictions: If an individual incurs additional criminal charges during the waiting period, it may reset or extend the eligibility timeframe for sealing the initial record. Each case must be evaluated individually, pa
rticularly for people with multiple offenses. - Probation and Parole: For those on probation or parole, the waiting period doesn’t begin until they have fully completed their terms. This includes meeting any financial obligations, such as court-ordered fines or restitution payments.
- Restitution Payments: Colorado requires individuals to pay off all restitution and court fines before applying for record sealing. If restitution payments are ongoing, the waiting period doesn’t start until the financial obligations are fully met.
- Time of Sentence Completion: The waiting period starts when the individual has completed all terms of their sentence. For example, if an individual completes probation a year after sentencing, the waiting period begins only after that probation ends.
How to Petition for Record Sealing in Colorado
If you meet the eligibility requirements and have waited the appropriate time, the next step is filing a petition with the court. Colorado law requires a detailed process, including submitting the appropriate forms and sometimes attending a court hearing.
- Obtain the Required Documents: You’ll need to gather court documents, case numbers, and proof of completed sentencing terms. These records will be necessary to file your petition accurately.
- Complete and File the Petition: Colorado has specific forms for record sealing, which vary based on the type of case. You must fill out the forms accurately and include all required information.
- Attend a Hearing (If Necessary): Sometimes, a judge may require a hearing to review the petition. At the hearing, you can explain why sealing your record is essential to your future and rehabilitation.
- Pay Court Fees: Petitioning for record sealing may involve filing fees. In some cases, however, individuals can apply for a fee waiver based on financial need.
After filing, the court may take several weeks or months to process the request. Once the record is sealed, most employers, landlords, and other entities can no longer view the sealed information, providing you with a fresh start.
What to Do If Your Petition Is Denied
If your petition is denied, you may have options to address any deficiencies in the petition or the waiting period requirements. You can consult a Denver expungement lawyer to discuss potential issues with the original filing or determine if future eligibility may be possible. Having legal guidance can often help avoid delays and increase your petition’s likelihood of success.
Contact a Denver Expungements Lawyer
Navigating the record-sealing process can be complex, and eligibility varies widely depending on individual circumstances. Consulting a Denver expungement lawyer can help clarify the process and ensure you meet all necessary legal requirements. At Baker Law Group, we understand Colorado’s laws and can provide guidance tailored to your situation. Contact us today to discuss your case and take the first steps toward sealing your record and regaining control over your future.
