Many criminal records in Colorado, including a wide range of criminal convictions, are now eligible for a record seal. If a person was convicted of a petty offense, civil infraction, or drug petty offense, she may motion the court to seal arrest and criminal records after waiting one (1) year from the completion of all criminal proceedings or her release from supervision, whichever is later.
A second or subsequent conviction for illegal possession or consumption of alcohol or marijuana by an underage person requires a one (1) waiting period from the date of the second or subsequent conviction.
Criminal offenses committed by victims of human trafficking are eligible at any time (no waiting period).
A two (2) year wait is required for Class 2 and Class 3 Misdemeanors, Level 4 Drug Felonies under CRS 18-18-403.5(2.5), and any Drug Misdemeanors.
Intentional misrepresentation of entitlement to an assistance animal or intentional misrepresentation of a service animal requires a three (3) year waiting period to commence upon conviction.
Class 4 Felonies, Class 5 Felonies, Class 6 Felonies, Level 3 Drug Felonies, Level 4 Drug Felonies (except those pursuant to CRS 18-18-403.5(2.5)), and Class 1 Misdemeanors are eligible after three (3) years from the completion of all criminal proceedings or the person’s release from supervision, whichever is later.
All other eligible offenses require a five (5) year waiting period. The waiting period starts at the termination/completion of all criminal proceedings in the case or the person’s release from supervision, whichever is later.
It may be possible to seal Misdemeanor offenses that are ineligible for a record seal if the district attorney’s office consents to the sealing or the person can show by “clear and convincing evidence” that her need for sealing the records is “significant and substantial”, she is no longer a threat to public safety due to the passage of time, and the disclosure of the records is no longer necessary to inform/protect the public.
Records that may be sealed include, but are not limited to police records, arrest records, probation records, court records, sheriff’s department records, other agency records, other custodians of records, and prosecution records.
Aside from convictions for petty offenses and drug petty offenses, the person must show that her interest in sealing the records outweighs the public’s interest in retaining the records (balancing test).
If you have criminal history records (convictions, arrests, dismissals, etc.) that are impacting your ability to find employment, pursue higher education, locate housing, pursue a brighter future, or you simply want to clear-up your record contact Attorney Robbins today to discuss sealing your records and making a fresh start: 303-355-5148.