Under Colorado law, criminal defendants have the right to have certain criminal records, such as arrests, dismissals, and convictions, sealed, depending on the severity of the offense. This article answers the following frequently asked questions about record sealing: (1) what is record sealing; (2) why should criminal records be sealed; (3) which criminal records can be sealed; (4) which criminal records cannot be sealed; (5) when are criminal records sealed; and (6) how are criminal records sealed?
What is Record Sealing?
Record sealing is the process of hiding criminal records from public view. The records still exist and can be accessed by criminal justice agencies and the court, but the public is restricted from accessing them. Once criminal records are sealed, the criminal defendant and all criminal justice agencies may state that “public criminal records do not exist with respect to the defendant.” It should be noted, however, that an order sealing a conviction record does not vacate the conviction. Moreover, records can be unsealed by a court if the criminal defendant is later convicted of another crime. The record sealing process can be nuanced and confusing. Therefore, criminal defendants should consider having a lawyer assist with the sealing.
Why Should Criminal Records be Sealed?
Having a criminal record can seriously affect a criminal defendant’s life. For example, a criminal record can affect an individual’s ability to secure employment, go to school, lease an apartment, and obtain a loan or insurance. If criminal records are sealed, employers, schools, apartment managers, banks, insurance companies, and others are restricted from viewing the records.
Which Criminal Records Can be Sealed?
Certain categories of criminal convictions are eligible for file sealing, such as: (1) arrests where no charges were made; (2) dismissals; (3) acquittals; (4) petty offenses; (5) certain misdemeanors; (6) Class 4, 5, and 6 felonies; (7) Level 3 or 4 drug felonies; and (8) some pardoned offenses. Having multiple convictions may limit the criminal defendant’s ability to have criminal records sealed.
Which Criminal Records Cannot be Sealed?
Certain categories of criminal convictions are ineligible for file sealing. For example, records for the following categories of crimes cannot be sealed: (1) child abuse; (2) Class 1, 2 and some Class 3 felonies; (3) domestic violence; (4) DUIs and DWAIs; (5) abuse of elders and at-risk individuals; (6) Level 1 drug felonies; (6) sex offenses; and (7) certain traffic infractions.
When are Criminal Records Sealed?
Some criminal records can be sealed pre-conviction, but other records are sealed post-conviction. Dismissals and acquittals are automatically sealed pre-conviction as soon as the case is dismissed. Many other eligible convictions will be automatically sealed anywhere from four (4) to ten (10) years after the case closes. However, a criminal defendant may petition the court to seal eligible records sooner, subject to certain waiting periods. For example, a criminal defendant may petition a court to seal records:
- One (1) year after the case closes for civil infractions, certain petty offenses, and certain petty drug offenses;
- Two (2) years after the cases closes for Class 2 and 3 misdemeanors, drug misdemeanors, Level 4 drug felonies, multiple petty offenses, and multiple petty drug offenses;
- Three (3) years after the case closes for Class 1 misdemeanors, Class 4, 5, and 6 felonies, and Level 3 and 4 drug felonies;
- Five (5) years after the case closes for Level 2 drug felonies, multiple misdemeanors, multiple misdemeanor drug offenses; and certain Level 4 drug felonies; and
- Ten (10) years after the case closes for multiple felonies and multiple drug felonies.
How are Criminal Records Sealed?
The applicable procedures for sealing criminal records are found in the Colorado Revised Statutes and vary based on the criminal defendant’s statutory eligibility to have the records sealed and the type of records that are requested to be sealed, as discussed above. File sealing proceedings generally include the following steps: (1) gather information and records applicable to the request from the law enforcement agency and the court; (2) obtain and complete the appropriate Colorado Judicial Branch forms, including the appropriate Petition to Seal, Motion to Seal, and proposed Order to Seal;[1] (3) file the completed petition, motion, and proposed order with the court that handled the underlying case; (4) pay the filing fee; (5) give notice of the filing to the district attorney’s office; (6) wait for the court to grant or deny the request in a written order; and (7) in the event the court enters an order sealing the records, send copies of the order to the appropriate law enforcement agencies.
Our Team
BHGR’s Criminal Group has successfully assisted hundreds of clients in sealing their criminal records.
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