Protecting Your Future: How Colorado Record Sealing Laws Affect You

Having a criminal record can present numerous challenges to a person, affecting everything from employment opportunities and housing options, to basic rights and even personal relationships. 

Fortunately, in Colorado, individuals may have the option to seal their criminal records under certain circumstances. 

KEY TAKEAWAYS:

• Record sealing provides a fresh start by making past offenses inaccessible to the general public.

• To seal records in Colorado, individuals must meet specific criteria related to the offense’s nature, time elapsed since conviction.

• Sealing a criminal record involves several detailed steps, requiring careful attention and potentially the assistance of an experienced attorney.

Record sealing offers a path to a fresh start for many people, by making past offenses inaccessible to the general public. 

But many still wonder if this law is too good to be true?

Let’s find out.

Can I Really Clear My Slate? Understanding Record Sealing in Colorado

In the state of Colorado, record sealing is a legal process that allows individuals to have certain criminal records removed from public view. 

In Colorado, record sealing is governed by specific statutes and procedures outlined in the Colorado Revised Statutes (C.R.S.) § 24-72-701. 

While the statute is lengthy and multifaceted, the basic premise is this:

Eligible individuals can petition the court to have their criminal records sealed, thereby making these records inaccessible to the general public. This means that most employers, landlords, and other entities conducting background checks will not be able to see the sealed records.

(More detailed information about this law can be found here.)

What Record Sealing Is Not

It’s important to be careful not to confuse record sealing with expungement. 

While many people think the terms can be used interchangeably, in the state of Colorado, each of these terms has its own legally significant meaning. 

• Record Sealing: This is the legal process of making certain criminal records inaccessible to the general public, effectively hiding them from most background checks. However, the records are not destroyed and can still be accessed by law enforcement and certain other entities.
• Expungement: This involves completely erasing a criminal record, as if the conviction never happened. In Colorado, expungement is typically only available for certain juvenile records and is not an option for adult convictions.

It’s essential to understand that even if your record is sealed, it doesn’t disappear. 

That said, being able to seal your records is a significant advantage for many people who have  faced the challenges of having a criminal record. 

It opens up opportunities that might have been previously out of reach, such as better employment prospects and housing options. 

By making past offenses inaccessible to the general public, record sealing provides a much-needed fresh start and helps individuals rebuild their lives with fewer barriers. This can be a crucial step toward achieving stability and success in various aspects of life.

Am I a Candidate? Eligibility Requirements for Record Sealing in Colorado

To be eligible for record sealing, residents of Colorado must meet the certain criteria established by law. These criteria are based on: 

• The Nature and Severity of the Offense: Only certain types of offenses are eligible for record sealing. Generally, more severe crimes like violent crimes, sex offenses, and offenses involving children are not eligible.
• The Length of Time Since Conviction or Completion of Sentence: A waiting period is often required before a record can be sealed. The length of this period can vary depending on the type of offense and may range from a few years to a decade or more.
• Subsequent Criminal Convictions: If an individual has been convicted of other crimes after the original conviction, this may affect their eligibility for record sealing. In many cases, having subsequent convictions can disqualify an individual from being able to seal their records.

Misdemeanor and petty offense convictions are generally eligible for sealing after a specified waiting period.

Felony convictions may be eligible for sealing under limited circumstances.  

When Can a Record Not Be Sealed

Certain offenses, including violent crimes, sex offenses, and crimes involving children, are generally not eligible for record sealing. 

Additionally, if there are multiple convictions in a single case, the eligibility for sealing is determined by the highest-level charge. 

For instance, if you have three separate convictions from one trial and one of those offenses cannot be sealed, then none of the convictions in that case can be sealed.

The Start of Something New: The Record Sealing Process in Colorado

The process of sealing a criminal record in Colorado involves several steps and requires careful attention to detail. 

Here is a basic overview of what’s involved:

1. Eligibility Check: Determine if you qualify for record sealing based on the nature of your offense, time elapsed since conviction or sentence completion, and any subsequent convictions.
2. Gather Documentation: Collect all necessary case-related documents, including court records and sentence completion papers.
3. File a Petition: Submit a petition to the court in the jurisdiction where the conviction occurred, including required information and supporting documents. You may need to provide fingerprints and undergo a background check.
4. Court Review: The court reviews your petition, which may include input from the District Attorney’s Office or a hearing. The judge assesses your eligibility for record sealing.
5. Court Decision: The court can grant the sealing, request more information, or deny the petition if criteria are unmet.
6. Hearing (if necessary): Present your case at a hearing if required, with the support of an attorney for effective advocacy.
7. Order to Seal Records: If approved, an order to seal your records is issued and sent to relevant agencies, making the records inaccessible to the public.

While the process for having records sealed is a worthwhile endeavor for many who have faced the challenges of living with a criminal record, it’s essential to understand the legal nuances and requirements and know that the process itself can be overwhelming.

Finding good legal representation to help navigate the complexities of record sealing can make a significant difference. 

An experienced attorney can guide you through each step, ensuring that all necessary documentation is accurately completed and submitted. 

With professional support, you can better understand your rights, the eligibility criteria, and the benefits of sealing your record, ultimately paving the way for a fresh start and new opportunities.

Record Sealing is Worth It: Get Started with Geigle | Morales Today

At Geigle | Morales, we understand the challenges and obstacles that a criminal record can present. 

Our experienced attorneys are dedicated to guiding you through the record sealing process with precision and care. We are committed to helping you secure a fresh start and open up new opportunities in employment, housing, and beyond. 

Let us provide the expertise and support you need to successfully seal your records and move forward with confidence. 

Contact Geigle | Morales today to begin your journey towards a brighter future.