For many individuals, having a criminal record can create significant barriers to employment, housing, and personal opportunities. In Colorado, record sealing offers a pathway to minimize the impact of certain criminal convictions by limiting access to those records. Understanding what crimes are eligible for record sealing in Colorado, particularly in Denver, can help individuals take steps toward a fresh start.
This guide outlines the types of crimes that qualify for record sealing in Colorado and the legal process involved.
What Is Record Sealing?
Record sealing is a legal process that allows individuals to restrict access to certain criminal records. Unlike expungement, which typically involves the destruction of records, sealing hides the records from public view. Once a record is sealed, it generally does not appear in background checks for employment, housing, or other purposes, though some government agencies and law enforcement entities may still have access.
Eligibility for Record Sealing in Colorado
In Colorado, eligibility for record sealing depends on several factors, including the type of crime, the resolution of the case, and the time that has passed since the convictio
n or case closure. Below are the common categories of crimes and situations where record sealing may be possible:
1. Dismissed Cases or Acquittals
If your case was dismissed or you were acquitted of all charges, you are eligible to petition for record sealing immediately. Since there was no conviction, Colorado law recognizes the importance of clearing your record to avoid unnecessary stigma.
2. Arrests Without Charges
If you were arrested but never formally charged, you can seek record sealing immediately after the case is closed. This ensures that your record reflects the absence of prosecution.
3. Certain Misdemeanor Convictions
Colorado allows record sealing for some misdemeanor convictions, but eligibility depends on the specific offense. For example:
- Drug Misdemeanors: Convictions for certain drug-related misdemeanors may be sealed after a statutory waiting period, which typically ranges from one to three years after the completion of the sentence.
- Petty Offenses and Municipal Violations: Minor offenses, such as petty theft or disorderly conduct, may also qualify for record sealing.
4. Felony Drug Convictions
Certain low-level drug felonies are eligible for record sealing under Colorado law. The waiting period is generally longer for felonies, often starting at three years from the completion of the sentence, including probation or parole.
5. Juvenile Records
Juvenile records are often eligible for sealing under less restrictive rules than adult convictions. Colorado recognizes that juveniles deserve the opportunity to move forward without the burden of past mistakes. However, some serious offenses, such as violent felonies, may not qualify.
6. Convictions Eligible Under Colorado’s Clean Slate Act
In 2022, Colorado enacted the Clean Slate Act, which allows automatic sealing of certain criminal records after a designated time frame. This includes:
- Arrest records without charges after one year.
- Certain misdemeanor convictions after seven years.
- Specific low-level felony convictions after ten years.
While this automatic process can be beneficial, individuals can still petition for record sealing for eligible offenses outside of the Clean Slate Act’s scope.
Crimes That Are Ineligible for Record Sealing
While Colorado offers robust opportunities for record sealing, some crimes are explicitly excluded from eligibility, including:
- Class 1 Felonies: These are the most serious crimes, such as murder or kidnapping.
- Sex Offenses: Convictions for crimes like sexual assault or offenses requiring sex offender registration are generally ineligible.
- DUI/DWAI Convictions: Colorado does not allow record sealing for convictions related to driving under the influence (DUI) or driving while ability impaired (DWAI).
- Crimes Involving Public Trust: Convictions for embezzlement of public funds or similar crimes are typically excluded.
If you are unsure whether your conviction is eligible, consulting with an experienced criminal lawyer is critical.
The Process of Record Sealing in Colorado
Record sealing involves multiple steps, including filing a petition with the court, notifying relevant parties, and attending a hearing if required. Below is an overview of the process:
- Determine Eligibility Review your case to confirm eligibility based on Colorado’s record-sealing laws. This includes assessing the type of crime, resolution, and the time elapsed since case closure.
- File a Petition Submit a petition for record sealing to the appropriate court. The petition must include details about your case and the reasons for seeking record sealing.
- Notify Interested Parties Notify the prosecutor’s office and other relevant agencies of your petition. They may have the opportunity to contest the request.
- Attend a Hearing In some cases, the court may require a hearing to review your petition. Be prepared to explain why sealing your record is in the interest of justice.
- Obtain a Court Order If the court approves your petition, a formal order will be issued to seal the record. This order will be sent to relevant agencies to ensure the record is no longer accessible to the public.
Why Record Sealing Matters
Sealing a criminal record can open doors to better opportunities by reducing the stigma associated with past offenses. For individuals in Denver, the ability to pursue employment, housing, and professional licenses without the shadow of a criminal record is transformative.
Contact a Colorado Criminal Lawyer
Navigating the record-sealing process can be complex, especially when determining eligibility or complying with procedural requirements. Baker Law Group is here to help. Our experienced criminal lawyers understand Colorado’s record-sealing laws and are committed to guiding you through every step of the process.
If you’re ready to take the next step toward clearing your record, contact Baker Law Group today. Our team is dedicated to helping Denver residents regain control of their futures.
