SEAL A CONVICTION
As of August 2019, Colorado now allows for the sealing of many criminal convictions that were formerly excluded from the sealing statute. Most misdemeanor convictions as well as class 4-6 felonies and class 2-4 drug felonies are eligible for sealing. The timeline for sealing these cases varies with most misdemeanor cases eligible for sealing 2 years after the date of conviction or release from supervision, and most felonies requiring a 3 year waiting period from the same date.
Prior to sealing a case, the Court may conduct a hearing to determine if the petitioner’s interests in sealing his or her record outweigh society’s interests in maintaining the records. These hearings are most common when the listed victim in a case objects to sealing. It is important to have an attorney throughout this process as there are a number of factors that a judge considers in making this determination. An effective argument made in this hearing can be the key to removing many of the negative consequences that a criminal conviction has on your life.
SEAL A DISMISSED CASE OR ARREST RECORD
If you were charged with a crime but the case was dismissed, either outright or due to the successful completion of a diversion or deferred sentence program, you may be entitled to have your case sealed. There is no waiting period to move for sealing of these case and a motion to seal may be brought before the Court immediately upon dismissal of the charges, or anytime thereafter.
If you were arrested by the police by never charged with a crime, you can also seal the records of that arrest. This motion may be filed after the statute of limitations for the crime has run or once law enforcement has ceased investigating the alleged crime.
SEAL A JUVENILE CASE
Nearly all juvenile cases allow for sealing under the juvenile code. The waiting period before sealing is allowed is typically 1 year after completion of a sentence or probation or immediately upon dismissal.