The opportunity to seal a criminal record in Colorado can provide a fresh start for individuals looking to move past their mistakes. However, not all crimes are eligible for record-sealing under Colorado law. If you are navigating this legal process in Denver, it’s important to understand which offenses cannot be sealed and why.
At Baker Law Group, we help individuals understand their rights and options regarding record-sealing and other criminal matters. In this post, we’ll break down the crimes ineligible for record-sealing and the implications of Colorado’s laws.
Understanding Record-Sealing in Colorado
Record-sealing involves limiting public access to your criminal record, which can protect
your reputation and increase opportunities for employment, housing, and more. Unlike an expungement, which effectively erases a record, sealing a record hides it from most background checks while still allowing law enforcement and some other entities access.
Colorado’s record-sealing process is governed by statutes such as C.R.S. § 24-72-703. These laws outline specific eligibility requirements for sealing records and detail the offenses that cannot be sealed under any circumstances.
Crimes Ineligible for Record-Sealing in Colorado
Certain offenses in Colorado are deemed too serious to allow record-sealing. These include crimes that have significant implications for public safety and trust. Below are the primary categories of offenses ineligible for record-sealing:
1. Class 1 Felonies
Class 1 felonies are the most severe offenses in Colorado and include crimes like first-degree murder and treason. These crimes carry the harshest penalties and are permanently ineligible for record-sealing due to their gravity.
2. Violent Crimes
Offenses involving extreme violence, such as sexual assault or aggravated assault, are not eligible for record-sealing. These crimes are considered a threat to public safety and remain accessible on an individual’s record.
3. Crimes Involving Sexual Offenses
Sexual offenses, including but not limited to:
- Sexual assault
- Sexual exploitation of a child
- Unlawful sexual contact
These offenses are not eligible for record-sealing under Colorado law because of their serious nature and the potential risks to the community.
4. Domestic Violence-Related Convictions
Domestic violence is treated with heightened scrutiny in Colorado. Crimes involving domestic violence, whether physical or emotional, are excluded from record-sealing eligibility to ensure accountability and maintain public awareness.
5. Crimes Against Children
Crimes involving harm or exploitation of children, such as child abuse or child pornography, cannot be sealed. The state prioritizes the protection of children and considers these offenses as requiring permanent visibility.
6. DUI and DWAI Convictions
Driving under the influence (DUI) and driving while ability impaired (DWAI) convictions are not eligible for record-sealing in Colorado, even for first-time offenders. The state’s strict stance on DUI-related offenses aims to discourage impaired driving and promote public safety.
7. Other Felonies Ineligible for Sealing
Certain felony drug convictions or fraud-related felonies may also fall into the ineligible category depending on their classification and specifics under Colorado law.
Exceptions to Record-Sealing Ineligibility
While many crimes are ineligible for record-sealing, there are a few exceptions to consider:
- Cases of Acquittal or Dismissal: If a case is acquitted, dismissed, or results in a not-guilty verdict, it may be eligible for sealing regardless of the offense.
- Deferred Judgments: Successfully completing a deferred judgment agreement may allow an individual to petition for record-sealing, depending on the offense.
- Juvenile Offenses: Juvenile records often follow different rules, and some may be eligible for expungement or sealing.
To navigate these exceptions, it’s critical to work with an experienced Denver criminal lawyer who can assess your specific situation.
Why Certain Crimes Cannot Be Sealed
Colorado law aims to balance the need for second chances with the protection of public safety. Crimes that are ineligible for record-sealing often involve elements of violence, harm to others, or betrayal of public trust, making them a permanent part of an individual’s criminal history.
Employers, landlords, and other parties rely on access to these records to make informed decisions. While this can pose challenges for individuals with such convictions, transparency in these cases is considered vital by the state.
The Process for Sealing Eligible Records
For individuals with eligible offenses, the process of sealing a record involves several steps:
- Determine Eligibility: Review the offense to confirm it qualifies for sealing under Colorado law.
- File a Petition: Submit a petition to the court, including supporting documents.
- Attend a Hearing: In some cases, a court hearing is required to demonstrate why sealing is warranted.
- Receive Approval: If the court approves, the record will be sealed, and public access will be limited.
A skilled lawyer can guide you through this process, ensuring all legal requirements are met and improving your chances of success.
Contact a Denver Criminal Lawyer
If you’re dealing with record-sealing or other criminal law matters, the team at Baker Law Group is here to help. We provide guidance on navigating Colorado’s complex legal system and fighting for your rights. Understanding which crimes are ineligible for record-sealing is just one piece of the puzzle.
Take the first step toward clarity and resolution. Contact Baker Law Group today to schedule a consultation with an experienced Denver criminal lawyer. Whether you need help determining eligibility or representation in court, we’ll work with you to explore every possible avenue for your case.
