The Difference Between Expunging and Sealing a Record In Colorado
Everyone makes mistakes, but some mistakes have serious consequences, including a criminal record. A criminal history affects many aspects of your life, including career and educational opportunities, your ability to rent a home, and even your personal life. While you may put your past behind you, the record remains, but does your criminal record always have to last forever?
Knowing your legal rights and the options available to you is important, including the difference between expunging and sealing a Colorado criminal record, as well as the eligibility requirements for each option. Learn more with our Colorado Springs criminal record sealing lawyer at Anaya Law Group. Schedule your free consultation today.
What Is a Record Expungement in Colorado?
Expunging a criminal record requires a specific legal process that’s available only to those with juvenile records. An expungement of a juvenile record erases the record completely, essentially making it as though it never existed. A court order destroys any physical or digital record of the arrest, charge, and conviction. After expungement, the record is no longer available to the public, to law enforcement, or to any part of the criminal justice system because it no longer exists.
Juvenile delinquency records only qualify for a record expungement when the conviction is not for a violent felony or a sexual offense. A person may request an expungement of their juvenile criminal record under the following circumstances:
- If it’s been at least one year since completing probation
- After three years following release from unconditional parole supervision
- If it’s been at least five years after a sentence for a repeated offense
A juvenile’s record of a drinking-and-driving conviction may be expunged only after the individual turns 21.
An adult criminal record cannot be expunged except in very rare cases of mistaken identity that render the record erroneous. In these cases, the Colorado justice system has 90 days to expunge the record.
What Does Sealing a Criminal Record Mean In Colorado?
Sealing a criminal record does not erase it from existence, as an expungement does, but it prevents public access to the record, so it no longer appears on background checks. After records are sealed, law enforcement agencies can still retrieve the information, but it’s not available to others. Arrest records may be sealed under the following circumstances:
- When charges were never filed in a case after an arrest
- After a case dismissal
- When a case ends in an acquittal
- At least one year after meeting all court requirements following a misdemeanor drug crime conviction
- 3 years after a misdemeanor or a class 4,5, or 6 felony, once the convicted person has met all of the court’s conditions
It’s crucial to review all statutes that apply to your crime to determine if and when you might be eligible for record sealing.
Like expungement, record sealing isn’t available for violent felonies, sex crime convictions, or DUIs.
What Is the Process for Record Sealing or Expungement In Colorado?
After confirming that your case meets eligibility requirements, including the completion of all court-ordered terms, you must petition the court to have your record sealed or expunged. A petition must include the case number, the type of charge, the outcome of the case, the terms completed, and the legal grounds for an expungement. An experienced Colorado Springs defense attorney pays meticulous attention to paperwork details and filing deadlines to maximize the chances of a favorable outcome. Contact us for a free consultation today.