Colorado Springs Criminal Record Sealing Attorney
Clients just like you come to see us at the law firm of Anaya & Chadderdon, P.C. for help with criminal records and criminal defense cases in Colorado Springs.
Keep reading to learn about the process for having your record sealed in Colorado.
Who Can Have a Colorado Criminal Record Sealed?
Not all convicted criminals are eligible for record sealing in Colorado. Only those who were acquitted, had their charges dismissed, or in cases where a prosecutor declines to file charges.
Additionally, those convicted of minor offenses, such as petty crimes and misdemeanors, and non-violent charges, may apply for record sealing if they’ve successfully completed the terms of their sentencing requirements.
A convicted misdemeanor offender may not obtain a sealed record until after they’ve completed the required waiting period for the type of crime they committed. In Colorado, the typical terms for petty offenses are one year, and for misdemeanors, it is three years.
In some cases, Class 4 and 5 felonies, as well as drug felonies between levels 2 and 4, may be eligible for record sealing after the offender completes all sentencing requirements and a five-year waiting period.
DUI convictions for adult drivers, sex offenses, domestic violence convictions, class 1, 2, and 3 felony convictions, and level 1 drug felonies are not eligible for record sealing in Colorado.
How To Seal Your Criminal Record in Colorado Springs
We help our clients understand all of their options when it comes to sealing their criminal records. Our years of experience in these matters and in domestic violence matters generally mean we can navigate you through the often technical rules governing the sealing of records.
Our Colorado Springs record sealing attorneys are former prosecutors. As a result, they understand how the law works, including the importance of technical details like the ones that govern the sealing of records.
You have enough on your plate without worrying about whether some technical deadline has been missed or whether you have read a complicated fine-print statute correctly. Leave it to us.
We already know these rules, and we know how to make them work for you. We will help you avoid the unnecessary and costly delay of paperwork mistakes so you can begin enjoying the benefits of a sealed record as soon as possible.
What Are the Steps to Sealing a Colorado Criminal Record?
An experienced attorney will guide you through the process of sealing your record after determining your eligibility under Colorado law.
The general process is as follows:
- The attorney examines your criminal record
- Carefully fill out the legal forms and correctly file the petition in the court of jurisdiction
- Wait for the court to consider the merits of the request and grant the record sealing or require a hearing
- Wait for the hearing date and strategize the legal approach to make a compelling case for sealing the record
- Ensure that you are well-prepared for questions you are likely to be asked and represent yourself at the hearing by respectfully asserting your legal rights
Finally, your attorney notifies the appropriate agencies, including the prosecutor’s office and district attorney’s office, that the court approved the sealing of your criminal record.
Is Record Sealing the Same as Expungement?
Having a criminal record has negative impacts on all aspects of your life, from filling out job applications and trying to rent an apartment, to adverse effects on your personal life.
Fortunately, you may have options to put the past behind you. Two of those legal options are record sealing and expungement; however, these are not the same thing.
Record sealing is the legal process of making your criminal record inaccessible to the public; however, the record remains visible to law enforcement officers and the justice department. Record sealing is a legal remedy available to adult offenders.
Expungement doesn’t just hide the record from the public; it erases it, eradicating it, including from law enforcement. Expungement is only available to juvenile offenders and underage drinking and driving convictions. Record expungement in Colorado requires a court order.
How Do I Obtain a Copy of My Sealed Criminal Record?
Once sealed, criminal records are not accessible to others, but as the convicted offender, you have a right to obtain your record. To do so requires filing a written request to Colorado’s Bureau of Investigation (CBI) or directly to CBI’s Biometric Identification and Records Unit (BIRU).
To retrieve a copy of your record, you must provide your fingerprints. This helps to maintain your privacy by ensuring that others cannot obtain your sealed record.
Let Us Protect Your Rights When It Comes To Sealing Your Record
Your rights in these matters can often be highly time-sensitive. For that reason, we encourage you to contact our Colorado Springs record sealing lawyers as soon as possible in order to maximize our ability to seal your record.
Call us at 719-227-0007 to schedule your free initial consultation. You can also reach us online. We look forward to hearing from you.