Having your criminal record sealed in Colorado can greatly benefit your personal and professional life. Record sealing helps protect your privacy by restricting access to certain records from public view. However, it’s essential to understand precisely who can—and cannot—access sealed records. While sealing a record significantly limits accessibility, there are still certain situations where restricted access may be permitted.
At Baker Law Group, our Denver expungement attorneys often assist clients with record sealing. Here, we outline who may access a sealed record in Colorado, when exceptions apply, and how to protect your rights and privacy.
What Does Sealing a Record Mean in Colorado?
Sealing a record under Colorado law effectively removes a person’s criminal history from the general public view, making it inaccessible through standard background checks. Once sealed, you can legally state that you have no criminal record related to the sealed offense, greatly benefiting employment, housing, and other opportunities.
However, sealing a record is different from expunging a record. Expungement completely removes the record from existence, while sealing restricts the public’s access, although certain government agencies and law enforcement entities may retain limited viewing privileges.
Who Can Typically See a Sealed Record in Colorado?
Under Colorado law, once your record is sealed, most public entities, employers, landlords, and members of the general public can no longer access it. Standard background checks performed by private employers or landlords will not reveal a sealed record. However, there are specific exceptions and circumstances in which certain authorities or organizations may still have limited or restricted access.
1. Law Enforcement Agencies
In Colorado, law enforcement agencies can view sealed records under limited circumstances. Typically, sealed records remain visible to law enforcement for investigative purposes. If you’re involved in a future criminal case or investigation, law enforcement officers and prosecutors can review your sealed record to assess criminal history, determine charges, or establish sentencing recommendations.
2. Criminal Justice Agencies
Criminal justice agencies, including prosecutors, probation departments, and parole boards, can access sealed records under certain conditions. These agencies often view sealed records in specific situations, such as sentencing decisions or probation and parole assessments. However, this access is strictly limited to legitimate criminal justice purposes.
3. The Colorado Courts
Colorado courts can access sealed records if you’re involved in subsequent legal proceedings. For example, if you’re facing a new criminal charge, judges can examine your sealed record when determining bond, bail conditions, sentencing decisions, or during probation revocation hearings.
4. Regulatory and Licensing Agencies
Certain state and federal regulatory or licensing agencies retain access to sealed records, particularly those licensing professionals in fields requiring high trust or security clearances. Examples include healthcare professionals, attorneys, educators, law enforcement officers, or other positions of public trust. In these scenarios, regulatory bodies might legally access sealed records during background checks for licensing or disciplinary investigations.
5. Specific Employers and Governmental Entities
In limited situations, specific employers or government agencies conducting security clearance background checks, particularly for jobs involving sensitive information, defense contracting, or national security, may still access sealed records. Such access typically requires explicit authorization and is limited in scope, usually governed by specific statutory provisions.
6. Victims of Certain Offenses
Under limited circumstances, Colorado law may permit victims of certain crimes to petition the court to access sealed records for lawful civil or criminal legal actions. However, these situations are highly regulated and require judicial approval.
Who Cannot See a Sealed Record in Colorado?
Despite the limited exceptions above, most individuals, entities, and private employers cannot access sealed records. The following groups generally do not have access once your record is sealed:
- Private Employers: Employers conducting routine background checks cannot access sealed criminal records, making employment opportunities significantly more accessible.
- Landlords and Property Management Companies: Housing providers cannot view sealed records, helping you secure housing without unnecessary barriers.
- Educational Institutions: Colleges, universities, and schools typically cannot view sealed records through standard admission background checks, enabling more opportunities for higher education and professional training.
- General Public and Private Citizens: The general public does not have access to sealed records, protecting your reputation and privacy from public scrutiny.
Benefits of Sealing Your Record in Colorado
Sealing your criminal record provides significant benefits, especially when pursuing employment, education, housing, or professional licensing. Benefits include:
- Improved Job Opportunities: Employers performing background checks will not see sealed records, increasing your employment prospects.
- Enhanced Housing Access: Landlords conducting tenant screening won’t see sealed records, making housing options easier to obtain.
- Better Educational Opportunities: Sealed records aren’t accessible during standard educational background checks, providing clearer paths to pursuing higher education.
- Greater Personal Privacy: Your sealed records are no longer publicly available, helping protect your reputation and privacy.
How to Seal a Criminal Record in Colorado
Colorado law provides specific eligibility criteria and procedures for record sealing. Generally, eligibility depends on the type of crime, time elapsed since the offense, and successful completion of sentencing terms. Certain offenses, including serious violent crimes, sexual offenses, and some felonies, may be ineligible for sealing.
The process of sealing your record involves filing a petition with the court, attending hearings if required, and demonstrating your rehabilitation and compliance with sentencing requirements. Given the complexity of this process, assistance from an experienced Denver criminal attorney at Baker Law Group can greatly increase your likelihood of success.
Why You Need a Lawyer to Seal Your Record
Navigating the complexities of record sealing in Colorado can be challenging without professional guidance. Experienced attorneys from Baker Law Group can help by:
- Evaluating your eligibility and helping you determine whether record sealing applies to your circumstances.
- Preparing and filing your petition for sealing accurately and efficiently.
- Advocating for you in court hearings or negotiations with prosecutors.
- Guiding you through every step, ensuring the best chance of successful sealing and protecting your privacy rights.
Contact a Denver Expungements Lawyer
If you’re considering sealing your criminal record in Colorado, the experienced attorneys at Baker Law Group can help. Our dedicated Denver expungement lawyers understand the complexities of Colorado’s record-sealing laws and will provide skilled, compassionate representation to protect your rights and privacy. Contact us today to speak about sealing your record.
