Weld County Record Sealing Lawyer: What Is Record Sealing in Colorado?
Record sealing limits public access to certain criminal justice records, so they generally do not appear on routine background checks by employers, landlords, and others. Colorado’s sealing laws are found in C.R.S. Title 24, Article 72, and Title 16, Article 13, and the rules differ depending on how a case ended and what the charge was. Sealing does not erase a record. Courts, law enforcement, and certain agencies may still be able to access sealed information.
Which Cases May Qualify for Sealing in Colorado? A Windsor Record Sealing Attorney Explains
Eligibility depends on the outcome of the case and the offense involved:
- Dismissed cases: records of cases that were dismissed or ended without a conviction can often be sealed, sometimes automatically and sometimes by petition
- Acquittals and completed diversion or deferred judgments: these outcomes may be eligible for sealing
- Certain convictions: some misdemeanor, petty offense, and lower-level felony convictions may be sealed after a waiting period, which varies by offense type
- Drug offenses: specific eligibility rules apply to certain drug convictions
- Offenses that cannot be sealed: many serious offenses, including most violent crimes, sex offenses, and some DUI and domestic violence convictions, are generally excluded
How Does the Sealing Process Work in Milliken and Johnstown?
For cases that require a petition, the request is filed in the court that handled the case. The prosecutor is notified and may object, and the court may hold a hearing. Judges often consider the nature of the offense, the time elapsed since the case ended, and the petitioner’s history since then. Fees and waiting periods can apply, and separate petitions may be needed for each case.
Frequently Asked Questions About Record Sealing
Does sealing a record erase it?
No. Sealed records are hidden from most public searches but are not destroyed.
Can a conviction be sealed in Colorado?
Some convictions can be, after a waiting period, but many serious offenses are excluded.
Do I have to seal each case separately?
Often, yes. Separate petitions may be required for different cases.
Can a prosecutor oppose my petition?
Yes. The prosecutor can object, and the court decides whether to grant it.
Wondering if you’re eligible for criminal record sealing? Contact the O’Malley Law Office at 970-616-6009 for a fee initial consultation to discuss your options. Together, we can protect your future.
Photo by Poppy Thomas Hill