The time will vary depending on the type of record that you are attempting to seal or expunge. For instance, arrest records can be sealed immediately if the arrest did not lead to a conviction.
DUI Expungement in Colorado Springs and Denver
But, the law requires people to wait up to five years before attempting to expunge their juvenile records. A sealed or expunged criminal conviction will no longer negatively impact your life. If your record is sealed or expunged, you no longer have to disclose this brush with the law when applying for jobs or housing. This gives people who have made mistakes in their past the rare chance to start over with a clean slate. The process of sealing or expunging criminal records can be complex. If you are interested in restoring your good name, let the criminal defense attorneys at Reisch Law Firm help.
We will guide you through the process of expunging or sealing your records so you can have the fresh start you deserve. Schedule a free consultation today by calling or filling out this online form. Your email address will not be published.
How to "seal" criminal records in Colorado: eligibility, process, timeframe
Save my name, email, and website in this browser for the next time I comment. Sealing vs. The Benefits of Sealing or Expunging Criminal Records A sealed or expunged criminal conviction will no longer negatively impact your life. Submit a Comment Cancel reply Your email address will not be published. In contrast, expungement is the deletion of the record entirely such that the record no longer exists — neither courts nor law enforcement agencies will have access to the record. Under Colorado law, expunging non-juvenile, non-conviction records is relatively rare and, in fact, expungement may only be obtained where a person was charged or arrested based on mistaken identity and no charges were subsequently filed against him or her.
Expungement Definitions and Types
Accordingly, the vast majority of people that are eligible to have their criminal or arrest record redacted from public access are only eligible to have it sealed, as opposed to fully expunged. Additionally, this posting only addresses criminal records that did not result in a conviction for a criminal offense — for example, arrest records, charges and dismissals, diversion programs, etc.
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While convictions may be eligible for sealing under Colorado law, this article does not address the process or circumstances under which criminal records for convictions may be sealed. Generally speaking you need to meet the following requirements in order to qualify for sealing charges or arrests reflected on your criminal record:.
However, even if you meet the requirements enumerated above, you still may not be eligible for sealing your criminal or arrest record where:. Additionally, certain charges are not eligible to be sealed. Those charges include:.
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In general, a person must file a petition in district court in the Colorado civil court system requesting that their criminal record, or parts of it, be sealed. Notably, the Colorado Judicial Branch website provides instructions and forms for completing a petition to seal arrest and criminal records including how to file the petition with the courts.
A separate petition needs to be filed for each criminal arrest or charge that a person is trying to seal.
Can criminal records be expunged in Colorado?
From a procedural perspective, all petitions to seal criminal records shall include a listing of each custodian of the records to whom the sealing order shall be directed as well as information identifying the specific record that the individual is attempting to seal. Typical record custodians that should be named in the petition include:. Further, because the petition needs to accurately name the entities which have information relating to the criminal record being sealed, appropriate investigation should be done before filing the petition to determine what specific entities should be named.
For example, if the person was only arrested but no charges were filed and no court case was ever initiated, then a court would not have to be named in the petition since there would be no court file relating to the arrest record. Conversely, if a court case is initiated and the charges later dismissed, then a court would have to be named in the petition because there would be a court file pertaining to the charges.