In Colorado, the process of expunging or sealing criminal records can offer individuals a fresh start, free from the burden of a past mistake. This guide provides a step-by-step overview of how to navigate the expungement process in Colorado, including eligibility, necessary steps, and official resources to assist you along the way.
Understanding Expungement in Colorado
Expungement refers to the legal process of removing a criminal record, making it as if the offense never occurred. However, in Colorado, the term more commonly used is "sealing" records, which restricts public access but does not entirely erase the record.
Eligibility for Sealing Records
Not all criminal records can be sealed in Colorado. Eligibility largely depends on the type of conviction or charge and the outcome of the case. For instance, most misdemeanors and some felony charges can be sealed, provided certain conditions are met, such as the passage of a specific period without new criminal offenses.
Official Resources:
- For detailed eligibility criteria, visit Colorado Restoration of Rights & Record Relief.
Steps to Seal Your Criminal Records
Step 1: Determine Eligibility
First, assess whether your criminal record is eligible for sealing. This involves reviewing the specific charges, the outcome of your case, and any waiting periods that apply.
Step 2: Obtain Your Criminal Record
You'll need a copy of your criminal record to proceed. This can typically be obtained from the Colorado Bureau of Investigation (CBI).
Step 3: File the Petition
If eligible, you must file a petition for sealing in the court where your case was handled. This involves completing specific forms and, in many cases, paying a filing fee.
Official Resources:
- For a comprehensive guide on the sealing process, including necessary forms and instructions, visit Expunge Colorado.
Frequently Asked Questions
What crimes cannot be expunged in Colorado?
Certain crimes, especially violent felonies and sexual offenses, may not be eligible for sealing. It's crucial to consult the official resources or legal counsel for specific details.
Will my expunged record show up on a background check in Colorado?
Once a record is sealed, it should not appear on most background checks. However, certain government agencies and employers may still have access to these records under specific circumstances.
Do felonies go away after 7 years in Colorado?
No, felonies do not automatically "go away" after 7 years in Colorado. A petition to seal the record must be filed, and eligibility depends on the type of felony and other factors.
What is the new sealing law in Colorado?
Legislation regarding the sealing of criminal records in Colorado is subject to change. For the latest updates, refer to the Colorado General Assembly website for information on recent bills and amendments to the law.
Conclusion
Navigating the expungement or sealing process in Colorado can be complex, but achieving a sealed record can significantly impact one's life and opportunities. By following the outlined steps and utilizing the provided resources, individuals can better understand and navigate the process toward clearing their name and moving forward.
Remember, this guide is for informational purposes only and does not constitute legal advice. For personal legal guidance, consider consulting with an attorney specialized in Colorado expungement laws.
