Sealing Criminal Records In Colorado

Sealing Criminal Records – Can This Be Done?

In Colorado, the process of sealing criminal records is a legal procedure that restricts public access to certain criminal records, thereby assisting individuals in mitigating the long-term consequences of past criminal proceedings. This process is governed by specific statutes and involves several steps, which a Colorado Springs criminal attorney can navigate on behalf of their client.

Understanding Eligibility Criteria For Sealing Criminal Records In Colorado

Not all criminal records in Colorado are eligible for sealing. An attorney begins by assessing whether the client’s record qualifies under state law. Eligibility depends on factors such as the nature of the offense, the outcome of the case, and the time elapsed since the final disposition. Generally, records that may be sealed include:

Arrests Not Leading to Charges: If an individual was arrested but not charged, the record might be eligible for sealing. For arrests on or after January 1, 2022, the Colorado Bureau of Investigation (CBI) is mandated to automatically seal such records if no charges are filed within one year of the arrest.

Dismissed Cases or Acquittals: Cases that were dismissed or resulted in an acquittal can often be sealed. The court may seal these records immediately upon dismissal or acquittal.

Completed Diversion Agreements or Deferred Judgments: Individuals who have successfully completed a diversion program or a deferred judgment and had their charges dismissed may be eligible to have their records sealed.

Certain Convictions: Some misdemeanor and low-level felony convictions can be sealed after a specified waiting period, provided the individual has not committed subsequent offenses. However, serious offenses such as class 1, 2, or 3 felonies, level 1 drug felonies, sexual offenses, and crimes involving domestic violence are typically ineligible for sealing.

Gathering Necessary Documentation

Once eligibility is established, the attorney collects all pertinent documents, including:

Criminal History Records: A verified copy of the client’s criminal history from the CBI is essential. This report provides detailed information about arrests, charges, and case dispositions. The CBI offers an immediate name-based check for a nominal fee.

Court Records: Certified copies of court documents related to the case, such as the complaint, judgment, and sentencing orders, are required.

Police Reports: Copies of arrest reports and any related law enforcement documentation may be necessary to provide a comprehensive view of the case.

Preparing and Filing the Petition

The attorney prepares a petition to seal the criminal records, which includes:

Completing the Appropriate Forms: The Colorado Judicial Branch provides standardized forms for sealing records. For instance, Form JDF 612 is used to petition for sealing criminal conviction records.

Drafting a Supporting Affidavit: An affidavit detailing the reasons for requesting the seal, demonstrating rehabilitation, and explaining how the sealing would serve justice and the individual’s privacy interests.

Filing the Petition: The completed petition, along with the supporting documents and the required filing fee, is submitted to the court that handled the original case. The filing fee varies; for example, sealing an arrest record that resulted in no charges costs $224, while sealing a conviction typically costs $65.

Notifying Relevant Parties Concerning Sealing Of Records

After filing, the attorney must notify all relevant parties, including:

District Attorney’s Office: Providing them with a copy of the petition allows them the opportunity to object or support the sealing.

Law Enforcement Agencies: Notifying agencies that hold records of the arrest or conviction ensures they are aware of the potential sealing order.

Court Review and Potential Hearing

The court reviews the petition and any objections filed. The judge may grant the petition without a hearing if there are no objections and the statutory requirements are met. However, if objections are raised or the judge deems it necessary, a hearing will be scheduled. During the hearing, the attorney presents arguments emphasizing:

Rehabilitation: Evidence of the client’s rehabilitation and positive contributions to society.

Privacy Interests: The potential harm to the client’s privacy and opportunities if the record remains public.

Public Interest: Arguing that sealing the record does not adversely affect public safety or interest.

Implementing the Court’s Order

If the court grants the petition, the attorney ensures that the sealing order is implemented by:

Distributing the Order: Sending certified copies of the sealing order to all agencies and organizations that possess the records, including the CBI, local law enforcement, and any other relevant entities.

Confirming Compliance: Following up with these agencies to confirm that the records have been sealed in accordance with the court’s order.

Advising the Client Post-Sealing

After the records are sealed, the attorney advises the client on their rights and responsibilities, including:

Legal Disclosure: Informing the client that they can legally deny the existence of the sealed records in most situations, such as on job applications or housing forms.

Exceptions: Explaining circumstances where disclosure might still be required, such as when applying for certain professional licenses or security clearances.

Future Conduct: Emphasizing the importance of maintaining a clean record, as new offenses could lead to the unsealing of previously sealed records.

Navigating the process of sealing criminal records in Colorado is intricate and requires meticulous attention to legal procedures and statutory requirements. An experienced Colorado criminal attorney’s expertise is invaluable in ensuring that all steps are correctly followed, thereby enhancing the likelihood of a successful outcome for the client.