The Lux Law Firm
Seek Experienced Legal Representation from a top Colorado Springs Defense Attorney for Help Expunging or Sealing Your Criminal Record
The long-lasting adverse effects of having a criminal record are harsh and unfair. As a result, you might have difficulty finding a suitable job, obtaining a firearms license, or receiving financing because of your criminal history entry. If you find yourself in this situation, you should consider speaking with an experienced and dedicated Colorado Springs expungement attorney for help expunging or sealing your record.
Colorado Springs expungement attorney Austin Lux will assess your case to determine if you can expunge your history or seal your history. Then, he will fight for you to erase a part of your past that continues to hold you back from achieving your potential. With Colorado Springs expungement attorney Austin Lux as your advocate, you have the best chance possible to have your record expunged or sealed. You will finally have the opportunity to have people consider you for who you are rather than for a mistake you made in the past.
-If you are ready to stop the worry and uncertainty, schedule a free, non-committal consultation today.
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Who Can Expunge or Seal a Criminal Charge from Their Record?
Courts in Colorado have the authority to expunge records on a minimal basis. Some juvenile records, underage drinking and driving records, and arrest records if the person arrested is the victim of mistaken identity are the only records a Colorado court can expunge.
Sealing of a record is more prominent in Colorado Springs than expunging a record. A court can seal a person’s record when:
- Police arrested the person but did not formally charge them with a crime;
- A court dismissed the charges;
- The applicant successfully performed all conditions imposed by the court for a deferred adjudication, and the court dismissed the case; or
- A judge or jury acquitted the person of the charge after trial.
You are entitled to have a court seal your case right away if you meet any of these conditions. Moreover, any person who has underage drinking and driving conviction can ask a court to expunge their record immediately upon turning 21.
Cases the Court Cannot Seal in Colorado Springs
Not every case dismissed by a court is eligible to be sealed. Courts cannot seal cases or charges dismissed in consideration of a plea to other charges.
Courts cannot seal convictions right away. Notwithstanding, Colorado courts have broad discretion on which cases they can seal after a conviction. Courts can seal convictions for:
- Class 4 felonies;
- Class 5 felonies;
- Class 6 felonies;
- Level 2 drug offenses;
- Level 3 drug offenses; and
- Level 4 drug offenses.
Courts cannot seal certain crimes, even if they fall into one of the above categories. Those offenses include DUIs, sexual crimes, and domestic assault cases. However, you could have your case sealed if the court gives you a deferred adjudication and the case is ultimately dismissed. Additionally, a court has the authority to seal most misdemeanor offenses.
Procedure for Expunging or Sealing Your Record
Colorado law created a waiting period for sealing a criminal record. The waiting period depends on the severity of the offense. You must file the correct petition with the court to expunge or seal your record. Filing the wrong petition could delay the court granting your petition to seal or expunge your case.
You could file the petition immediately if the court dismissed your case or you received an acquittal. Otherwise, the law imposes a waiting period ranging from one year to five years after the case ends. Under Colorado law, the waiting period begins when the applicant meets all of the conviction and sentence conditions.
A court will order a hearing to determine if it should seal your record. Victims of crimes have a right to address the court and argue that your record must not be sealed. Having a dedicated expungement attorney argue on your behalf will strengthen your position and overcome the victim’s emotional plea to deny your request.
Expunging or Sealing a Juvenile Record in Colorado Springs
If a judge or jury found you delinquent, or guilty, of a juvenile offense in Colorado, you are subject to a waiting period before you could ask the judge to expunge your case. The waiting period ranges from one year to five years. The court can expunge your case immediately if you received the benefit of a not delinquent verdict.
Why You Should Ask a Judge to Expunge or Seal Your Case
There are many situations in life when our past indiscretions cloud our future. None of us are perfect and have all made mistakes. A person’s previous criminal history could haunt them for a long time, even though people change with time. Therefore, the question is whether decision-makers should count those mistakes against you when you apply for a job, for a loan, for housing, or a gun permit.
If the judge orders the court to expunge your record, you can answer critical questions truthfully. If the court expunges your record, you no longer have to answer “yes” to questions like:
- Have the police or a prosecutor’s office charged you with a crime?
- Has a judge or jury convicted you of a crime?
- Has a court placed you on probation for a crime?
- Did you receive deferred adjudication for a crime? Or
- Have the police arrested for a crime?
Moreover, having a crime sealed or expunged means that it will not appear on your criminal history ever again.
There is no better time than now to ask a Colorado Springs judge to seal or expunge your case. There is no risk and only upside — as long as you do it the right way. You should have the expertise of a qualified Colorado Springs expungement attorney guide you through the process and make sure that your case is handled correctly.
The Difference Between Expungement and Sealing a Record in Colorado Springs Explained
Expungement and sealing a criminal record have particular legal significance. First, expunging a record means that anyone holding a record of the case must destroy it. Expunging a record essentially deletes the event entirely. Conversely, the sealing of a record means that all evidence and associated documents continue to exist. Notwithstanding, judges and law enforcement can access a sealed record, and the public cannot. As a result, a sealed record will not appear on your record. Accordingly, you can answer no to questions about your criminal history truthfully.
You should remember that expunging a record can only happen in minimal circumstances. If you do not qualify to have the court order your record expunged, you still may be able to seal your record. A highly-trained Colorado Springs expungement attorney could explain the difference to you and help you achieve the result you desire.
Why Choose Colorado Springs Expungement Attorney Austin Lux to Fight for You?
Successfully sealing or expunging your criminal record in Colorado could be a life-changing event for you. As a result, you do not want to make any mistakes. Choosing the wrong lawyer to help you with your expungement petition or petition to seal could delay or even prevent you from obtaining the result you deserve.
Colorado Springs expungement attorney Austin Lux has extensive knowledge of the Colorado justice system. As a prosecutor, he obtained firsthand experience working in the Colorado Springs justice system. His hands-on experience helped him understand what a lawyer should do to represent their clients successfully.
Now, Austin relies on his expertise as a prosecutor to give you the best chance to experience justice firsthand. Nothing is more critical to Austin than helping someone like you trapped in the criminal justice system get the help you need and the result you deserve.
Clear the Path to a Brighter Future With Help From Colorado Springs Expungement Attorney Austin Lux
Eliminating your criminal record from your history is within your grasp. However, sealing or expunging your record involves a complicated process. If you believe you are eligible to have your record expunged or sealed, call Colorado Springs expungement attorney Austin Lux right away at 719-377-8967. Attorney Lux has the experience you need to handle complex legal issues like expunging or sealing your record.