A criminal record can significantly impact your life, making securing employment, housing, or educational opportunities challenging. Fortunately, Colorado law allows individuals with certain criminal records to pursue sealing or expungement, which helps limit who can access this sensitive information. However, not all criminal records are eligible for sealing. If you’re in Denver and considering sealing your criminal record, it’s crucial to understand clearly which records cannot be sealed in Colorado.
At Baker Law Group, our Denver expungement attorneys regularly guide individuals through this complex process. Understanding precisely which records are ineligible for sealing ensures you don’t waste valuable time or resources pursuing unattainable relief. Below is a comprehensive explanation of records that Colorado courts will not seal.
Understanding Record Sealing in Colorado
Record sealing in Colorado makes certain criminal records invisible to most employers, landlords, educational institutions, and the general public. Unlike expungement, sealing a record does not entirely destroy the records but limits who can access them. While this provides substantial relief, Colorado statutes strictly limit eligibility based on specific convictions, charges, and circumstances.
Why Are Some Records Ineligible for Sealing?
Colorado law prioritizes public safety, transparency, and accountability. As a result, certain offenses are considered too serious or harmful to public safety to allow individuals to conceal their existence. While the goal of record sealing is rehabilitation and reintegration, these priorities must be balanced against community safety.
Below are the most common types of criminal records that typically cannot be sealed in Denver or anywhere else in Colorado.
Criminal Records That Cannot Be Sealed in Colorado
1. Convictions for Certain Violent Crimes
In Colorado, violent crimes typically cannot be sealed. These offenses pose ongoing risks to public safety, making transparency a priority. Convictions that fall under this category include:
- Murder or homicide
- Manslaughter
- Assault offenses are classified as violent felonies
- Kidnapping and aggravated kidnapping
Colorado law explicitly prohibits record sealing if you’ve been convicted of any of these violent crimes.
2. Sex Offense Convictions
Colorado law takes a particularly firm stance against sealing records related to sex offenses, emphasizing the importance of public safety and offender accountability. Sex crimes include:
- Sexual assault or rape convictions
- Sexual offenses involving children (e.g., child pornography, sexual exploitation of a minor, or child molestation)
- Unlawful sexual contact convictions
- Convictions requiring registration as a sex offender
If you’ve been convicted of these offenses, Colorado courts prohibit sealing, regardless of how much time has elapsed or your rehabilitation efforts.
3. Domestic Violence Convictions
In Colorado, convictions related to domestic violence typically cannot be sealed, even if the underlying offense would generally be eligible. This is because domestic violence offenses carry significant community concerns. Examples include:
- Assault involving domestic violence
- Harassment involving intimate partners
- Violations of protective orders linked to domestic violence convictions
Colorado statutes ensure these records remain visible due to public safety concerns and the potential for repeat offenses.
4. DUI and DWAI Convictions
Under current Colorado law, driving under the influence (DUI) and driving while ability impaired (DWAI) convictions cannot be sealed. DUI and DWAI offenses are viewed as significant threats to public safety, and therefore, the state emphasizes transparency for these convictions. Whether it’s your first offense or a subsequent conviction, these records remain permanently accessible.
5. Certain Traffic Offenses
Generally, traffic infractions or minor violations can be addressed through alternative means, but specific severe traffic convictions remain ineligible for sealing. For instance, reckless driving resulting in severe bodily injury or death and habitual traffic offender convictions are ineligible for sealing due to the risk they represent to public safety.
6. Convictions of Class 1, 2, or 3 Felonies
Felony convictions, particularly those classified as Class 1, 2, or 3, are often not sealable due to their severity and impact on public trust. These serious felony convictions include severe violent crimes, major drug trafficking offenses, or other felonies that carry lengthy prison sentences and heightened public safety risks.
7. Offenses Involving Commercial Driver’s Licenses (CDL)
Traffic violations and other offenses involving holders of commercial driver’s licenses (CDLs) are often ineligible for sealing because of strict federal and state guidelines prioritizing commercial transportation safety.
What Criminal Records Can Potentially Be Sealed?
While certain convictions are permanently ineligible for sealing, many individuals with other charges or convictions have opportunities for relief. Colorado often allows the sealing of:
- Arrests that didn’t lead to convictions
- Dismissed charges or acquittals
- Certain drug-related offenses, especially those related to marijuana before legalization
- Petty offenses and municipal violations
- Some juvenile offenses
Understanding your eligibility requires careful review by an experienced attorney who can guide you effectively through Colorado’s sealing statutes.
How to Determine Your Eligibility for Record Sealing in Colorado
Even if your conviction falls within the above guidelines, exceptions and nuances exist under Colorado law. Consulting an experienced Denver expungement lawyer can clarify your situation, highlight potential exceptions, and advise you of realistic options. Eligibility sometimes depends on the specific circumstances of your case, the length of time since conviction, rehabilitation efforts, and more.
A skilled attorney can:
- Analyze your criminal history and explain exactly what can or cannot be sealed.
- Clarify any statutory waiting periods and conditions required before sealing.
- Handle all paperwork, filings, and legal proceedings necessary to request record sealing.
Navigating Colorado’s record-sealing laws can be complex, but having the right lawyer can significantly simplify this process and improve your chances of a favorable outcome.
Benefits of Sealing Your Eligible Criminal Records
If you’re eligible to seal your criminal records, successfully doing so can positively impact your life in many ways:
- Greater employment opportunities
- Easier approval for housing or rental applications
- Access to educational programs or financial aid was previously unavailable
- Restoration of reputation and personal peace of mind
Given these substantial benefits, exploring record sealing in Colorado is essential to moving forward positively.
Contact a Denver Expungements Lawyer
If you are uncertain whether your record is eligible for sealing or if you’re seeking professional guidance through the expungement or record sealing process in Denver, Baker Law Group is here to assist. Our experienced attorneys deeply understand Colorado’s sealing laws and have helped countless clients navigate this often-confusing legal process.
Don’t let confusion or misinformation prevent you from exploring your legal options. Contact Baker Law Group today for a confidential consultation to determine if your record is eligible for sealing or to explore other legal remedies available.
