Criminal Record Sealing and Expungement Attorney in Colorado
Have you been denied or lost employment because of an old arrest showing up on a Colorado criminal history background check and wondered if it could be sealed? An experienced and licensed expungement attorney may be able to clear your criminal record.
At the law office of Philip M. Smith, Denver Criminal Defense Lawyer, we can review your criminal history with you and determine if your situation is eligible for sealing or expungement.
When possible Sealings & Expungement Attorney Philip M Smith can petition to seal adult criminal records and expunge juvenile criminal records. The process for expunging and sealing are very similar but each comes with its specific conditions. For purposes of clarity, let’s address Sealing criminal records.
Colorado has made major favorable changes in the law that keeps criminal records from the public’s view. This has opened up employment and housing opportunities that were previously impossible. Cases that have been completely dismissed can be sealed by filing a motion and proposed order to the court.
Many types of conviction can sealed. The last conviction a person suffers may be sealed after the required time following the completed sentence for each level of offense. The following can be considered for sealing:
• Petty offenses, drug petty offenses- 1 year after the sentence is completed
• Class 2 and 3 misdemeanors and all drug misdemeanors – 2 years
• Class one misdemeanors, Class 4, 5, 6 felony and Class 4 drug felonies – 3 years
• All other offences – 5 years
There are many exceptions to what can be sealed. These are some of the exceptions of what cannot be sealed:
• Crimes against person, such as assault
• All sex offenses
• All domestic violence offenses
• All traffic cases
• Animal cruelty
• Class 1, 2, 3 felonies and Level 1 drug felonies.
Dismissed municipal cases can be sealed immediately upon dismissal, usually following a completed Deferred Judgment and Sentence. Municipal convictions can be sealed three years after the sentence has been completed.
Records of arrests that did not result in any charges can be sealed upon confirming the matter is no longer under investigation or that statute of limitations has run.
Most juvenile convictions, called adjudications, are eligible to be expunged. Crimes of violence and sex offenses cannot be expunged. Only one felony adjudication can be expunged. If a person has more than one felony, only the last one is eligible to expunge. Juvenile records are not open to the public; however. disclosing the existence of a juvenile adjudication can be required as part of a job or rental application. Any juvenile felony adjudication will prevent CBI from approving a firearm purchase.
The process of applying for a criminal record sealing is approached with the primary intent to remove criminal records from the public eye. Law enforcement, FBI, and some government agencies will have access but will know the case is sealed. Once eligibility is confirmed, I begin the process of electronically filing the petition. Each case is unique and occasionally a Petition to Seal presented to the court may result in the prosecutor objecting to the Petition. This objection does not automatically mean the Petition is not granted. A Hearing will be held and the court will make a ruling. Objections are rare. Allow up to 3-4 months to complete.
Colorado Criminal Defense Lawyer Philip M Smith will ensure that all of the necessary paperwork is completed thoroughly and promptly presented to the appropriate court for consideration. Finally, once the Petition to Seal is granted, all the agencies mandated by the court plus the most current reporters are notified of the sealing. I verify the Sealing has been recorded with the primary agencies so you can be confident your case is closed. You will be free and able to say with confidence your criminal record is clear.
Call my office today for a free confidential consultation at 303-333-8900
Evaluating the possibility of sealing or expunging a record requires court documentation or a Colorado Bureau of Investigation report. Filing requires a working knowledge of the mandatory jurisdiction requirements, appropriate petitions and orders to be filed applicable for the specific offense(s), filing fees, costs and numerous reporting agencies to notify once the Petition is granted by the court. Sealings and Expungement Attorney Philip M. Smith has successfully filed the Petition to Seal and/or Expunge for many clients with Colorado criminal records.
Search Colorado Criminal Records
If you are interested in obtaining your Colorado criminal history, contact the following. There is a nominal fee for these records and they do require a credit card for purchase. If you would like a free and confidential review of your records, please contact my office for instructions.
If you need a Denver Colorado criminal defense Sealings Attorney or Expungement Attorney to Seal or Expunge your criminal record, or if you have questions about Sealing or Expunging your record, I encourage you to contact me, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.