How to Seal Your Criminal Record in Colorado: A Step-by-Step Guide
Having a criminal record can affect many areas of your life. From employment to housing and even relationships, a criminal history can be a significant barrier to moving forward. Fortunately, Colorado provides a path for eligible individuals to seal their criminal records, allowing them to start fresh and rebuild their lives without the shadow of their past mistakes holding them back. If you’ve been convicted of a crime, completed your sentence, and met other specific requirements, you may be able to seal your record. This guide will walk you through the steps involved in sealing a criminal record in Colorado, the eligibility requirements, and how to begin the process.
What Does Sealing a Criminal Record Mean in Colorado
Sealing a criminal record means that the public can no longer access the details of your criminal history. This includes background checks performed by potential employers, landlords, and others. Sealing is different from expungement, which completely erases the record. When a record is sealed, it is hidden from public view but can still be accessed by law enforcement and certain other entities under specific circumstances.The key advantage of sealing a criminal record is that it gives you a better chance at securing a job, renting a home, or obtaining a professional license. The sealed record is no longer visible to most employers or others who might conduct a background check, and this can lead to a significant improvement in your quality of life. However, not all criminal records qualify for sealing, and the process requires you to meet certain eligibility requirements.
Eligibility Requirements for Sealing a Criminal Record in Colorado
To be eligible to seal your criminal record in Colorado, you must meet certain requirements. Not all offenses are eligible for sealing, and some crimes automatically disqualify you from this process. Understanding whether you qualify is the first step before you begin filing any petitions.The general eligibility criteria for sealing a criminal record in Colorado are as follows:
Non-conviction outcomes: If you were acquitted of charges or your case was dismissed, you are generally eligible to seal your record. This applies even if you were arrested or charged but not convicted.
Completion of your sentence: If you were convicted of a crime, you must have completed all aspects of your sentence. This includes serving any jail or prison time, completing probation or parole, paying fines, or fulfilling community service requirements. Once all these obligations are met, you may be eligible for sealing.
Waiting period: For certain crimes, you may be required to wait a specific amount of time before applying to seal your record. For example, there may be a waiting period after completing your sentence before you can petition for record sealing.
Exclusion of certain crimes: Some serious criminal offenses, particularly violent crimes and sex offenses, are not eligible for sealing. These offenses generally have stricter eligibility requirements, and in many cases, they cannot be sealed under Colorado law.
If you meet these eligibility requirements, you can proceed with the process of sealing your record.
Step One Obtain a Copy of Your Criminal Record
The first step in sealing your criminal record is to obtain a copy of your criminal history. This document will help you review the details of your case and determine whether you meet the eligibility criteria for sealing. In Colorado, you can request your criminal record from the Colorado Bureau of Investigation (CBI). The CBI maintains all criminal history records, and you can request them by visiting their website or contacting the local law enforcement agency where your case was processed.Make sure to carefully review your record for any discrepancies or errors. If you notice any inaccuracies, such as charges that should have been dropped or incorrect information, you may need to address these issues before moving forward with the petition to seal your record.
Step Two File a Petition with the Court
Once you have obtained your criminal record and confirmed that you are eligible, the next step is to file a petition with the court that handled your case. The petition requests that the court seal your criminal record. This petition includes several important pieces of information, such as:
Your personal information (name, date of birth, address).
The details of your criminal case, including case numbers and the charges you were convicted of (or acquitted).
A statement about why you believe your record should be sealed, including evidence that you have completed your sentence and met all other eligibility requirements.
You will need to submit your petition to the court that issued your conviction. If your case was dismissed or you were acquitted, you should file your petition in the court that originally handled your case. Depending on the court, there may be a filing fee that must be paid at the time of submission. Some courts may also allow you to file your petition online, so be sure to check the specific procedures with the court.
Step Three Attend the Hearing
After filing the petition, the court will schedule a hearing. This is an important part of the process, as it provides an opportunity for you to present your case and convince the judge to grant the sealing of your criminal record.At the hearing, you may be asked to provide evidence of your rehabilitation, including any documents that show you have completed your sentence and have not been involved in any further criminal activity. The judge will review the information and listen to any arguments before making a decision. If your petition is supported by the facts and meets the legal requirements, the judge will approve the sealing of your record.Although you are not required to have legal representation, it can be helpful to have a criminal defense attorney with you at the hearing. An attorney can help you prepare your case, present the necessary evidence, and address any questions the judge may have. Legal representation can increase your chances of success, especially if your case is more complex.
Step Four Wait for the Decision
Once the hearing has concluded, the judge will make a decision regarding your petition to seal your criminal record. If the judge approves your request, they will issue an order sealing your record. This order will notify relevant authorities that your record is sealed, and they will take steps to ensure that it is removed from public databases.If the judge denies your request, you have the option to appeal the decision. In some cases, the judge may feel that sealing the record would not be in the interest of justice, or they may find that you do not meet the eligibility requirements. An appeal can be a lengthy process and will require further legal assistance.
Step Five Notify Relevant Agencies
Once your criminal record has been sealed, you must notify all relevant agencies to ensure that they update their records. This includes law enforcement agencies, the Colorado Bureau of Investigation, and any other entities that may have had access to your criminal history in the past.Notifying these agencies is important because it ensures that your record is sealed across all databases. Failure to do so may result in your record being accessible to certain parties in the future, even after the court has sealed it.
Benefits of Sealing Your Criminal Record in Colorado
Sealing your criminal record can have significant benefits for your life. While it does not erase the record, it does restrict access to it, making it much more difficult for the general public to view it. Some of the benefits of sealing your criminal record include:
Increased employment opportunities: Many employers conduct background checks as part of the hiring process. Sealing your record can help you qualify for jobs that may have previously been closed to you due to your criminal history.
Improved housing opportunities: Landlords and property managers often conduct background checks before renting to tenants. By sealing your record, you improve your chances of securing housing without the barrier of a criminal history.
Restoring civil rights: In some cases, sealing your criminal record may restore certain civil rights, such as the right to possess firearms or the ability to run for office.
Increased personal freedom: Having a sealed record gives you peace of mind, knowing that your past mistakes are no longer easily accessible to others who may use it against you.
Consult with a Criminal Defense Attorney
While the process of sealing a criminal record in Colorado is relatively straightforward, it can be complex in certain cases. If you are unsure about your eligibility, have been denied in the past, or need help with the petition process, it is advisable to consult with an experienced criminal defense attorney. A skilled attorney can guide you through the process, help you gather the necessary documents, and represent you in court to increase your chances of success.At the Law Firm of Mark S. Hanchey and Ben Peterson, we specialize in criminal defense and helping individuals seal their criminal records. If you are ready to take control of your future and move forward with a clean slate, contact us today for a consultation.Sealing your criminal record in Colorado is a crucial step toward regaining your freedom and improving your future. By following the steps outlined in this guide and seeking legal guidance when needed, you can successfully navigate the process and enjoy the many benefits that come with having a sealed record. Take the first step today, and start rebuilding your life without the burden of your past convictions.
