SEALING CRIMINAL RECORDS IN COLORADO

Your Conviction Will Never Go Away Unless You Do Something About It

Having a criminal record in Colorado often limits many opportunities and rights afforded to others. Even when you’re only arrested, a criminal record is created with the Colorado Bureau of Investigation and housed in their Integrated Criminal Justice Information System (ICJIS). Colorado then makes its criminal records accessible to the public and corporations via an online database maintained by a private company.

This Information Is For You

Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.

To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.

You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.

Can You Seal Your Colorado Conviction?

Colorado law allows for the sealing of both misdemeanor and felony convictions in many situations under Colo. Rev. Stat. 24-72-706, but not every criminal record qualifies. There can also be some surprisingly complicated rules and procedures in the record sealing process. Below is a good summary of the requirements to qualify to seal a conviction in Colorado, but our Secure Eligibility Test is likely more accurate, as it uses more information.

• General Requirements to Seal A Conviction in Colorado

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  The basic requirements to expunge a conviction under Colo. Rev. Stat. 24-72-706 include:

  • You have no pending criminal proceedings against you
  • You have paid all fines, fees, restitution, and financial obligations imposed by the court
  • All terms of your sentence have been successfully completed
  • You cannot seal Class 1 or 2 misdemeanor traffic offenses or Class A or B traffic offenses
  • You record pertains to a deferred judgement and sentence for a felony offense for the factual basis involved in Unlawful Sexual Behavior as defined in CRS 16-22-102(9)
  • You have satisfied the relevant waiting period described below and
  • The conviction you are sealing is not an ineligible offense listed below.

• 1. Which Offenses are Ineligible to Be Sealed?

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  • Convictions relating to driving under the influence of drugs or alcohol under CRS 42-4-1301
  • Convictions for child abuse under CRS 18-6-401
  • Convictions with sentences involving extraordinarily aggravating circumstances pursuant to CRS 18-1.3-401(8), which can be found HERE
  • Convictions with sentences for extraordinary risk crimes pursuant to CRS 18-1.3-401(10), which can be found HERE
  • Convictions with sentences involving a pregnant victim pursuant to CRS 18-1-3-401(13)
  • Convictions with sentences for crimes pertaining to special offenders pursuant to CRS 18-18-407, which can be found HERE
  • Convictions where the underlying factual basis involves domestic violence as defined in CRS 18-6-800.3
  • Convictions with sentencing for a sexual offense pursuant to Part 4 of Article 3 of Title 18 of the Colorado Revised Statutes
  • Convictions involving sentencing for any crime of violence pursuant to CRS 18-1.3-406, which can be found HERE
  • Convictions for a felony listed in CRS 24-4.1-302(1), which can be found HERE
  • Convictions for felony animal cruelty in violation of CRS 18-9-202
  • Convictions for Class 1, 2, or 3 felonies or Level 1 felonies pursuant to any section of Title 18 of the Colorado Revised Statutes
  • Convictions for offenses in violation of Part 1 of Article 6 of Title 18 of the Colorado Revised Statutes
  • Convictions for Identity Theft in violation of CRS 18-5-902(1)
  • Convictions for offenses in violation of CRS 18-3.5-103(4), (5), (6), (7), (8) or (9)
  • Convictions for Pandering in violation of CRS 18-7-203

  However, if you are convicted of any of the excluded offenses listed above, you may still have your record sealing granted if either of the following apply:

  • The District Attorney consents to the sealing of the record OR
  • The court finds that, by clear and convincing evidence, that your need to seal your record is significant and substantial, and the passage of time is such that you are no longer a threat to public safety, and the public disclosure of the record is no longer necessary to protect the public

  “Crimes of Violence” means any of these crimes committed, conspired to be committed, or attempted to be committed by a person during which the person:

  • Used, or possessed and threatened the use of, a deadly weapon or caused serious bodily injury or death to any other person except another participant
  • Any crime against an at-risk adult or at-risk juvenile
  • Murder
  • First- or second-degree assault
  • Kidnapping
  • A sexual offense pursuant to part 4 of article 3 of this title
  • Aggravated robbery
  • First-degree arson
  • First-degree burglary
  • Escape
  • Criminal extortion or
  • First- or second-degree unlawful termination of pregnancy and
  • any unlawful sexual offense in which the defendant caused bodily injury to the victim or in which the defendant used threat, intimidation, or force against the victim.

• 2. What is the Waiting Period to Seal a Conviction in Colorado?

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  To be eligible to seal your record, Colorado requires that the following time periods elapse from whichever is latest between the date you were convicted or the date you were released from incarceration, parole, or probation:

  • Petty offenses (both drug-related and otherwise): one (1) year after sentencing
  • Any drug-related misdemeanor: two (2) years after sentencing
  • Drug-related Class 3 or 4 felonies: three (3) years after sentencing
  • Class 2 or 3 misdemeanors: two (2) years after sentencing
  • Class 4, 5, or 6 felonies: three (3) years after sentencing
  • All other offenses not otherwise prohibited: five (5) years since sentencing

Legal Effect Of Expunging Your Conviction

How will sealing a Colorado conviction help me get a job?

Record sealing is Colorado’s best available option to improve your chances of getting a job with a misdemeanor or felony convictions on your record. If the court orders your conviction sealed, it will no longer be available to the public or appear in most background checks for employment.

If your conviction is sealed, you may legally state that you have not been convicted of a crime under Colorado law, and criminal justice agencies are required to state that the sealed records do not exist. However, certain criminal justice agencies may access sealed records for limited purposes, and the Colorado State Bar may access sealed records when admitting attorneys for practice.

Will sealing Colorado convictions restore my Second Amendment rights?

Unfortunately, sealing convictions in Colorado will have no effect on your firearm rights. Under current Colorado law, the only way to restore your firearm rights is to get a pardon from the Governor of Colorado.

What You Need to Do to Get Rid of Your Record

If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.

Some of the Potential Benefits of Sealing Your Conviction in Colorado Include:

• Removing a finding of guilt and closing the case on your criminal record to help you get a better job
• Restoring your Second Amendment Rights to own a firearm
• Becoming eligible for professional licenses you previously did not qualify for
• Increased eligibility for student loans, housing assistance, and government programs
• Improving your ability to obtain higher-paying job opportunities
• Improving access and admission to college and other educational resources

We Are Here to Help

Each of Colorado's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Colorado criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Colorado criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Colorado criminal record.