If you have a criminal record in Colorado, the possibility of sealing it can be an essential step toward a fresh start. A sealed record means that, in most cases, the public won’t have access to your criminal history, making it easier to secure employment, housing, and other opportunities. However, navigating the process of record sealing in Colorado can be complex, as timelines and eligibility vary depending on the type of conviction, legal procedures, and case specifics. Understanding these timelines can be critical to planning effectively for individuals in Denver. Here’s a guide to the timing and process of sealing criminal records in Colorado.
Understanding Record Sealing vs. Expungement in Colorado
First, it’s essential to differentiate between record sealing and expungement. In Colorado, “record sealing” applies to most adult cases and means that the record still exists but is hidden from public view. Certain government agencies and courts may still access sealed records under specific circumstances. “Expungement” generally applies only to juvenile records and a few adult cases, erasing the record as if the offense never occurred.
Factors Impacting How Long It Takes to Seal a Record
Sealing a criminal record in Colorado involves several steps, and each step’s timing can vary based on the specific case details. Here are the main factors that impact the timeline:
- Type of Conviction: Different offenses have different eligibility requirements and waiting periods. For example:
- Non-Conviction Records: If your case was dismissed or acquitted, you could seal the record immediately, subject to court approval.
- Petty Offenses and Misdemeanors: These convictions typically have a shorter waiting period, often one to two years after the final disposition.
- Felonies: Some felonies may require waiting periods of up to five or even ten years after the final disposition.
- Drug Convictions: Colorado allows certain drug convictions to be quickly sealed under specific statutes.
- Waiting Periods: In most cases, a certain amount of time must pass before you can apply for record sealing. The waiting period typically begins after completing all sentencing requirements, including probation, parole, and court-ordered fines or restitution.
- Court Processing Time: Once you submit your petition to seal a record, the court needs time to process it. The duration can vary depending on the court’s current caseload, but it generally takes several weeks to a few months for a court to review and rule on the petition.
- Legal Assistance: The process can sometimes be expedited with the help of a skilled attorney familiar with Colorado’s legal system. An experienced lawyer can ensure your paperwork is accurately completed and filed, minimizing delays that could arise from errors or incomplete submissions.
Step-by-Step Process to Seal a Record in Colorado
To better understand the timeline, here’s a step-by-step look at the record-sealing process in Colorado.
- Determine Eligibility
The first step is determining whether your case is eligible for sealing under Colorado law. Certain convictions, like DUIs and violent felonies, may not be eligible for sealing. However, recent changes in Colorado law have expanded eligibility for sealing some offenses. - Calculate the Waiting Period
Once eligibility is established, the next step is ensuring you’ve met the waiting period requirements. Each type of offense has a different waiting period, starting from completing your sentence, including probation or parole. You may proceed immediately with dismissed cases or acquittals. - File a Petition to Seal Records
Once eligible, you must file a petition in the court where the conviction occurred. In Denver, this may be the Denver County Court or a specific district court, depending on your case. Filing fees apply, although individuals who cannot afford the fees may apply for a waiver. - Notify Relevant Parties
In most cases, you’ll need to notify the District Attorney’s Office, which has the right to contest the sealing. This step allows the DA to review your petition and either agree with or object to sealing your record. - Attend a Hearing (if required)
Sometimes, the court may set a hearing to review your petition. If a hearing is necessary, you’ll need to present evidence and potentially argue your case for why the record should be sealed. A knowledgeable Denver criminal lawyer from Baker Law Group can be valuable here, as legal representation helps ensure your rights are protected. - Receive the Court’s Decision
After the court has reviewed the petition and any objections, it will issue a ruling. If the court grants your request, your record will be sealed. From here, the sealing may take additional time as various agencies update their databases.
Estimated Timeline for Common Types of Offenses
For Denver residents seeking a general timeline for record sealing, here are some estimates based on typical cases in Colorado. Remember, these are approximate times and may vary based on individual circumstances.
- Dismissals and Acquittals: Immediate eligibility. The process generally takes around 30 to 60 days to finalize as long as the court and relevant agencies process the sealing promptly.
- Petty Offenses and Misdemeanors: There will be 1 to 2 years of waiting, with court processing generally taking 60 to 90 days after the petition is filed.
- Felonies: Depending on the offense, 3 to 5 years or more of waiting. Due to more extensive checks, the sealing process itself typically takes between 3 and 6 months after filing.
- Drug Offenses: These may have shorter waiting periods under recent legislation, often ranging from immediate to 1 year for some drug misdemeanors.
Common Challenges in Sealing Records
Sealing a criminal record is beneficial, but there can be challenges and delays. Here are some common issues that can arise:
- Incorrect Paperwork: Errors on the petition or incomplete documentation can cause the court to reject the filing, delaying the process.
- Objections from the DA: The District Attorney’s Office may object to certain petitions requiring a hearing and additional evidence.
- Court Backlogs: Court caseloads fluctuate, impacting how quickly cases are processed. The waiting time for hearings and decisions can increase if there is a backlog.
Benefits of Sealing Your Criminal Record in Colorado
Sealing a criminal record in Colorado can make a significant difference in various areas of life, including:
- Employment: Many employers conduct background checks, and a sealed record helps reduce employment barriers.
- Housing: Rental applications often involve criminal history checks, and sealing a record can open more housing opportunities.
- Education and Loans: With a sealed record, individuals may find fewer obstacles when applying for education programs or loans.
While the record-sealing process takes time and effort, it can help restore your standing and create new opportunities. It’s a valuable option for individuals seeking to move beyond past mistakes and create a better future.
Contact a Denver Criminal Lawyer
Navigating the process of sealing a criminal record in Denver requires a deep understanding of Colorado law and the specific requirements for each type of offense. If you need assistance with sealing your record, contact Baker Law Group. Our experienced criminal lawyers understand the nuances of record sealing and can guide you through each step. Whether you’re eligible to petition immediately or must wait for a specific period, we help streamline the process and advocate for your best outcome.
