Navigating the complexities of a criminal record can feel overwhelming. Many people wonder, "How long will this follow me?" In Colorado, the answer isn't always simple, but understanding the possibilities of sealing or expunging your record can offer hope for a fresh start.
It's important to differentiate between a "criminal record" in the abstract and what is accessible to the public or various entities like employers. Generally, once an arrest or conviction occurs, it creates a record. However, Colorado law provides pathways to limit public access to these records through processes called "sealing" and, in some specific cases, "expungement."
What Does "Staying On Your Record" Really Mean?
When we talk about a crime staying on your record, it means law enforcement agencies and the courts maintain the information related to your arrest, charges, or conviction. This information can then appear on background checks, which can impact employment, housing, professional licenses, and even educational opportunities.
Sealing vs. Expungement: Key Differences
In Colorado, "sealing" a record means that it is hidden from public view. While it still exists, it's not accessible to most employers or landlords. Law enforcement agencies and courts, however, may still have access to sealed records under certain circumstances.
"Expungement," on the other hand, is much rarer for adult criminal records in Colorado. It typically means the record is destroyed or considered to have never existed. This is primarily applicable to juvenile records and arrests due to mistaken identity.
Automatic Sealing in Colorado
Thanks to recent legislative changes, Colorado has introduced automatic sealing for certain types of records:
Arrests without charges: For arrests on or after January 1, 2022, if no criminal charges are filed within one year of the arrest, the Colorado Bureau of Investigation (CBI) will automatically seal your arrest record within 60 days after that year has passed.
Conviction Records (Clean Slate Act): Colorado's "Clean Slate Act" also provides for automatic sealing of certain conviction records after a designated period, provided you have remained crime-free:
Civil infractions: 4 years after the case ends.
Petty misdemeanors and misdemeanors: 7 years after the case ends.
Eligible felonies: 10 years after the case ends or release from supervision, whichever is later.
Petitioning for Record Sealing
Even if your record doesn't qualify for automatic sealing, you may still be eligible to petition the court to have it sealed. The waiting periods for petitioning vary significantly depending on the type of offense:
Dismissed cases or acquittals: Generally eligible for immediate sealing.
Petty offenses or petty drug offenses: 1 year after the case ends.
Class 2 or 3 misdemeanors, or drug misdemeanors: 2 years after the case ends.
Class 1 misdemeanors, Class 4, 5, or 6 felonies, or Level 3 or 4 drug felonies: 3 years after the case ends.
Other eligible offenses: 5 years after the case ends.
Multiple eligible misdemeanors/drug felonies: 5 years after the last case ends.
Multiple eligible felonies/drug felonies: 10 years after the last case ends.
What Cannot Be Sealed or Expunged?
It's important to be aware that not all criminal records can be sealed in Colorado. Generally, the following are not eligible for sealing:
Class 1, 2, and some Class 3 felonies (e.g., homicide, kidnapping, violent assaults)
Sex offenses or crimes requiring sex offender registration
Crimes against children or vulnerable victims (e.g., child abuse, elder abuse)
Most DUI convictions (though some underage DUI convictions may be expunged after turning 21 under certain conditions)
Crimes involving public trust (e.g., embezzlement of public funds)
Records where restitution, fines, or court costs are still owed.
Juvenile Records
Juvenile records are treated differently and are often more easily sealed or expunged. Expungement is the typical process for juvenile records in Colorado, meaning they can be effectively removed from existence, allowing individuals to truthfully state they were never involved in the offense. Eligibility and waiting periods for juvenile record expungement vary based on the offense and case outcome.
Seeking Guidance from Colorado Springs Expungement Lawyers
Understanding how your criminal record impacts your future and exploring options for sealing or expungement can be a complex process. The laws are nuanced and constantly evolving. If you have a criminal record in Colorado and are wondering about your eligibility for sealing or expungement, it is highly advisable to consult with an experienced legal professional.
At Aviso Law, we can review your specific situation, explain the applicable laws, and guide you through the petition process if you qualify. Taking proactive steps with our expungement lawyers can open doors to new opportunities and help you move forward.
Call us at (719) 356-5552 and start your sealing or expungement process.