If you have a criminal record in Colorado, you might wonder whether sealing it is an option. A record can impact various aspects of life, from employment opportunities to housing and professional licensing. Fortunately, Colorado law allows certain types of criminal records to be sealed, giving individuals a fresh start in many cases. However, not all records are eligible for sealing, and specific eligibility requirements apply.
In this guide, we’ll discuss the types of criminal records that may be eligible for sealing in Colorado, the process involved, and how Baker Law Group can help you navigate these laws to work toward a clear record.
Understanding Criminal Record Sealing in Colorado
In Colorado, sealing a criminal record means hiding it from public view. Unlike expungement, which erases a record, sealing ensures that specific individuals, agencies, and organizations cannot access the record in a background check. However, sealed records remain accessible to some entities, such as law enforcement and specific licensing agencies. Strict eligibility criteria govern Colorado’s criminal record sealing process, and it’s essential to understand which offenses qualify for this opportunity.
Types of Criminal Records Eligible for Sealing
The Colorado Revised Statutes outline the types of criminal records that may qualify for sealing. Generally, eligibility depends on the offense’s nature, the case’s outcome, and the amount of time that has passed since the conviction. Here are the primary categories:
1. Arrests That Did Not Lead to Conviction
In Colorado, records of arrests that did not lead to a co
nviction are generally eligible for sealing. This applies if:
- Charges were dismissed.
- The individual was acquitted at trial.
- The arrest did not result in charges being filed.
In these cases, the person involved may file a petition to seal the arrest record, often immediately after the case is resolved. This provision benefits individuals whose charges were dropped, as it can prevent future issues when applying for jobs, housing, or educational opportunities.
2. Certain Misdemeanors and Felonies
Colorado law allows for the sealing of specific misdemeanor and felony convictions, but eligibility depends on the nature of the crime and the time that has passed since the conviction. Examples include:
- Level 2 and Level 3 Misdemeanors: Many misdemeanors, such as theft-related charges, harassment, or public intoxication, may qualify for sealing. However, specific crimes, like DUIs, may not be eligible.
- Drug-Related Offenses: Colorado provides unique opportunities for sealing drug-related misdemeanors and felonies, especially for offenses that do not involve violence. For instance, possession charges may be sealed, often depending on the time of the conviction and other specific case factors.
- Non-Violent Felonies: Non-violent felony convictions may also qualify for sealing after a certain period if they meet statutory requirements. For example, theft and certain property crimes without a violent element may be eligible.
It is important to note that offenses involving violence, sex crimes, and offenses against children are typically not eligible for sealing under Colorado law.
3. Juvenile Records
Juvenile records are treated differently in Colorado. In many cases, juvenile criminal records are eligible for sealing, often immediately upon reaching adulthood. Juvenile offenses are generally easier to seal because the law recognizes that young people should have the chance to move past mistakes made at a young age. However, serious crimes may not be eligible for sealing.
Colorado law makes it relatively straightforward to petition for sealing if you have a juvenile record, especially when the offense was minor. This can be valuable for young adults looking to start their careers or pursue higher education without the shadow of a criminal record.
4. Petty Offenses and Municipal Violations
Certain petty offenses and municipal violations may also be sealed. These include minor infractions, such as:
- Disorderly conduct
- Trespassing (in some instances)
- Certain low-level thefts and other similar violations
Petty offenses and municipal violations are usually among the most straightforward records to seal, as these cases are often minor and do not have significant implications for public safety.
5. Records Related to Deferred Sentences
If you completed a deferred sentence in Colorado, you qualify to have the record sealed. A deferred sentence is an arrangement where the defendant agrees to complete specific conditions (such as probation, community service, or treatment) in exchange for dismissal of charges upon successful completion. Once the terms of the deferred sentence are fulfilled, the individual may petition for the record to be sealed, often without a waiting period.
This option is highly beneficial for first-time offenders who agree to a deferred judgment and want to move on quickly without a permanent mark on their record.
Factors Impacting Eligibility for Record Sealing
While Colorado law provides pathways for sealing various records, eligibility for each type varies. The factors that may impact eligibility include:
- Time Since the Conviction: A certain period must pass before a record can be sealed for most eligible offenses. Depending on the offense, this can range from a few years to over a decade.
- Nature of the Crime: Violent crimes, sex offenses, and crimes against vulnerable individuals are generally not eligible for sealing.
- Completion of Sentence Requirements: Individuals must have completed all sentencing requirements, including probation, restitution, and any court-mandated programs.
- No Subsequent Criminal Convictions: If you have additional convictions after the one you seek to seal, this may impact eligibility.
The Process of Sealing a Criminal Record in Colorado
The process of sealing a criminal record in Colorado involves several steps, including filing a petition with the court. Here is an outline of what to expect:
- Determine Eligibility: The first step is to verify if your record qualifies for sealing. Based on Colorado’s statutes, a Denver expungements lawyer at Baker Law Group can review your case and assess your eligibility.
- Prepare and File the Petition: Once eligibility is confirmed, you must prepare a petition to seal the record. The petition must include details about the conviction and reasons for requesting the seal.
- Attend a Court Hearing: In some cases, the court may require a hearing to decide if the record should be sealed. It is essential to present a strong argument for sealing the record during this hearing.
- Wait for the Court Decision: The court will grant or deny the request to seal the record after the hearing. If approved, the court will issue an order to seal the record.
It is critical to follow each step accurately, as errors in the petition process may delay or even prevent the sealing of the record.
Benefits of Sealing a Criminal Record
Sealing a criminal record can open up new opportunities and remove many obstacles associated with a criminal history. Here are a few key benefits:
- Increased Employment Opportunities: Many employers conduct background checks, and a sealed record can prevent a criminal history from impacting job prospects.
- Access to Better Housing: Landlords often screen applicants based on criminal history. Sealing your record can improve your chances of securing housing.
- Enhanced Privacy: Once sealed, your record is hidden from most public records, giving you increased privacy and peace of mind.
Contact a Denver Criminal Lawyer
Navigating the process of sealing a criminal record in Colorado can be challenging. Baker Law Group is here to help if you are considering sealing your record. Our team of knowledgeable Denver criminal lawyers can assess your eligibility, guide you through the steps, and advocate for your right to a clean slate.
Take the first step today—contact Baker Law Group for a consultation and learn how we can assist you with sealing your criminal record in Denver.
