Key Takeaways:
- Colorado will not seal a record if the convicted person still owes restitution.
- An accused can request to seal multiple criminal cases.
- Sealing a record does not vacate the conviction.
- The records are not destroyed. They are merely hidden from the public.
Sealing convictions can offer a fresh start for those with criminal records, and can make it easier to obtain housing and employment. After being accused of a crime, if a case is dismissed, or an alleged perpetrator is acquitted, a person is eligible to seal his record as it relates to that case.
Understanding Conviction Sealing in Colorado
When an alleged perpetrator seals a record in Colorado, it is not available to the public. However, the alleged perpetrator and law enforcement agencies can still access the sealed record. This differs from expungement, which completely wipes the record from the authorized record custodian’s database.
In addition to a case dismissal or acquittal, an accused can also seal his criminal record if he finishes a diversion agreement as dictated by §18-1.3-101 or a deferred judgment and sentence pursuant to §18-1.3-102, and all counts are ultimately dismissed.
A criminal law attorney can guide an accused through the sealing process, as the process can often involve making legal arguments, negotiating with a prosecutor, and persuading a judge.
In certain cases, a victim has the right to object to the sealing of a record, and in such cases, the court will set a hearing date for the sealing motion. If the victim does not object within 35 days, the court will proceed with the sealing of the record.
Finally, some charges are not eligible for sealing. A criminal law attorney can advise you with regard to whether your particular case is eligible for sealing.
Eligibility for Sealing a Conviction in Colorado
In Colorado, most misdemeanors, certain felony convictions and cases of wrongful conviction are eligible for sealing. Some misdemeanors are sealed immediately, while others may have a waiting period.
Ineligible convictions may include Class 1 felonies and violent crimes. Certain factors may also affect eligibility for sealing, including:
- Parole
- Probation
- Completion of sentence
- Criminal activity during the waiting period
The Process of Sealing a Conviction in Colorado
An accused person who meets the eligibility requirements to seal a record needs a copy of his or her criminal history record. The criminal history record must be verified. He must then file a petition to seal his record along with a filing fee. The accused will also have to pay a fee to the Colorado Bureau of Investigation if the court grants the request to seal the records.
The accused must also submit several proposed orders with the petition to seal records, including:
- Order Denying Motion to Seal Criminal Conviction Records
- Order and Notice of Hearing
- Order to Seal Criminal Conviction Records
The court will then review the documents and may set a hearing if it is deemed to be necessary. In some cases, the court may grant or deny the sealing request without a hearing, thus the reason for submitting the above proposed orders. If the accused or his attorney does not submit the proposed orders, it could delay the request to seal.
Should the court grant a hearing, the accused must be ready to answer some questions about the motion to seal. If the court grants the request, the accused or his attorney is responsible for notifying agencies of the court’s order.
Because the law surrounding sealing criminal records can be complex, the accused should retain the services of an experienced criminal law attorney to guide him through the process.
The Benefits of Sealing a Conviction in Colorado
People who are convicted of a crime, even a minor crime, often have difficulties moving forward in their lives as a result of the conviction. Sealing a criminal record has several benefits, including:
- Employment: Most employers require a background check prior to making a hiring decision. If a person has a criminal conviction, it could prevent him from obtaining a job, even if the case was dropped or the accused was acquitted. Sealing a record hides it from the public, which includes most employers conducting a background check.
- Housing: Landlords often require a background check prior to renting to anyone. A criminal record can sometimes create a perception that a person is at a higher risk of non-payment, destroying property or inviting criminal activity to the property. Even if a case was dismissed or the accused was acquitted, many landlords are leery of renting to a person with a record.
- Reputation and Stigma: A criminal accusation can impact a person’s reputation with family and friends. While many believe the accused can go back to his old life after a case dismissal or an acquittal, that is rarely the case. The conviction can also affect a person’s emotional and psychological well-being. Sealing the record hides it from prying eyes and can help restore a person’s reputation.
Common Challenges and Misconceptions of Sealing Convictions in Colorado
Some people believe that sealing a conviction is the end of their problem and that all criminal records are eligible for sealing. That is the biggest misconception around sealing records. The accused must meet Colorado’s eligibility requirements in order to seal his file.
Another misconception is that a sealed record is completely erased. It is not. It is only hidden from the public. The accused and law enforcement will continue to have access to the records. Victims can object to sealing a record. In addition, some records are not eligible for sealing without a waiting period.
Waiting periods are as follows:
- One Year: Petty offenses, including petty drug offenses, level 4 felonies under C.R.S. §18-18-403.5(2.5)
- Two Years: Class 2 misdemeanors, class 3 misdemeanors and any drug misdemeanors
- Three Years: Class 4 felonies, class 5 felonies, class 6 felonies, level 3 and level 4 drug felonies, except those under §18-18-403.5(2.5) and class 1 misdemeanors
- Five Years: All other eligible offenses
Colorado calculates time from the end of the criminal proceeding or when the convicted is released from a supervisory program, whichever comes last.
A Colorado criminal law attorney can guide you through the process of sealing a record or possibly expunging a record. The legal process to seal a record is complex due to the requirements dictated by statute, including the type of crime and other factors.
Additional Resources
- Colorado Records Expungement: The accused may have his record expunged under certain circumstances. Expungement deletes the record from the criminal databases.
- Misdemeanor Drug Offenses: Certain drug offenses are eligible for sealing under Colorado law.
- Proving Elements in a Criminal Case: The prosecutor must prove every element in a criminal case.
Contact Sheehan Law Denver
Sealing convictions can open up new options for a person who has been accused of a crime, including opportunities for housing and employment. Determining eligibility is complex. Hiring a criminal law attorney to help guide one through the process can make the process of sealing convictions less stressful, and make it more likely that a motion to seal will be granted.
To discuss whether your case is eligible for sealing, contact Sheehan Law at 720-381-6146 or complete our contact formfor a case evaluation.