Are you eligible for criminal record sealing in Colorado? Let us help you explore this process and put your criminal history to rest.

When you are convicted of a crime or even simply arrested and then acquitted, this can stay on your criminal record for life. Potential employers, financial institutions, and landlords can find this information, and your criminal record can impact your opportunities. Thankfully, Colorado offers a criminal record sealing process in certain cases, which would hide some criminal records from public view.

Attorney Margaret Teigen Steele wants to help clients protect their way of life through any means possible. For some, this may mean going through the process of sealing past criminal records.

To learn more about this process and find out if you may be eligible, contact Steele Law Criminal Defense today.

Types of Criminal Records That May Be Eligible for Sealing in Colorado

Your criminal history record is generally publicly accessible for anyone who wishes to find it. However, people who have interacted with the criminal justice system but were not convicted of a crime can still be listed in criminal record searches. Their employment, financial, and housing opportunities can be unfairly limited by the presence of a "criminal history," even though they were never convicted of a crime.

Colorado recognizes a record sealing process for certain individuals who:

• • Were arrested for a crime but not charged
  • Were charged with a crime that was ultimately dismissed
  • Were acquitted of all charges

Eligibility for record sealing in each of these cases can vary depending on the type of offense. You may need to wait between one and 10 years after the completion of your case. Certain violent crimes or sexual offenses may be barred from sealing.

Aside from these records that do not represent an actual conviction, certain minor offense convictions may also be eligible for record sealing. These may include municipal court offenses and petty offense convictions.

Additionally, certain drug offense convictions may be eligible to be sealed after a specific amount of time, while cases resolved through diversion programs or dismissals may be eligible for sealing immediately.

If you are eligible to seal a criminal record, all records associated with that incident may also be sealed, including arrest records, police contact records, summons, complaints, indictments, court cases, and more.

Understanding Colorado's Clean Slate Act

In 2022, the Clean Slate Act was passed in Colorado to seal certain civil infractions and criminal records automatically after a waiting period. This act applies to dismissals, acquittals, and completed diversion/deferred judgment agreements, along with certain misdemeanors and a limited number of felonies. The waiting periods may be as follows in certain cases:

• • Arrest records with no charges: 1 year
  • Petty offenses/misdemeanors: 7 years
  • Certain felonies: 10 years

Serious crimes such as DUIs, sex offenses, and certain felonies are typically not eligible for sealing.

When the required waiting period has passed for an eligible record, and the individual has remained crime-free for that period, their record may be automatically sealed by the court.

Attorney Margaret Teigen Steele can help you understand whether your criminal records may be automatically sealed under the provisions of the Clean Slate Act.

Petitioning for Criminal Record Sealing in Colorado

If your criminal records meet the conditions for record sealing but do not fall under the Clean Slate Act, you may be able to petition the court to seal them with the help of our law firm. This involves filing a motion with the court where the arrest occurred and paying a fee.

The Colorado Judicial Branch website includes all of the forms necessary to petition for record sealing. Arrest records, non-convictions, expungements, and certain convictions may qualify.

The court may then set a hearing to determine whether to seal the records in question. Having a criminal defense attorney with you at this court hearing can help you clearly state your case and provide compelling evidence.

In Colorado, you can re-petition for criminal record sealing every 12 months. This means that even if the court denies your initial petition, you may have the opportunity to try again.

Why Does Record Sealing Matter?

Criminal records can follow you throughout your life and limit your opportunities. This is especially discouraging if you were never convicted of a crime and were wrongfully arrested or charged. Even minor convictions may not represent who you are now, and having criminal records from decades ago mar your image can be haunting.

Sealing criminal records won't hide them from the court or law enforcement officers, but it does prevent the public from finding them. This means:

• • You can truthfully answer "no" to questions on many applications about having a criminal record.
  • Your criminal record generally won't show up on background checks for employment and licensing boards.
  • You won't need to disclose your criminal record when applying for housing.
  • You can more easily move forward from this event in your past.

Let Attorney Margaret Teigen Steele Help You Navigate Criminal Record Sealing

Criminal record sealing is a somewhat complicated process that involves knowing what types of records can be sealed, the relevant deadlines for each, how to accurately and precisely fill out relevant petitions, and how to state your case in court. Working with an attorney experienced in this process can be incredibly helpful if you want to improve your chances of success.

I value building long-term relationships with my clients, and your future success is extremely important to me.

You may picture criminal defense attorneys as confrontational and abrupt. I take a different approach—my focus is on helping you gain peace of mind, knowing your case is in experienced, dedicated hands.