Sealing of Criminal Records

A criminal conviction may prevent you from obtaining employment or housing. While criminal records used to be fairly well-kept secrets, modern "background check" technology makes your record widely and easily accessible to almost anyone in a matter of seconds. If you seal your record, it will no longer be visible to the public in such "background checks". However, it will remain visible to the Court, law enforcement, and criminal justice agencies. Unfortunately, not all criminal records can be sealed. However, here is a quick guide to which records may be sealed in Colorado:

All charges were dismissed or the Defendant was acquitted of all charges.
There is only an arrest record and no charges were filed in a Court.
The Defendant had a case that was dismissed due to a plea agreement in another case and 10 or more years have passed from the final disposition of all criminal proceedings and no additional criminal charges since the date of the final disposition of all criminal proceedings have been filed against the Defendant.

Sealing of Criminal Records in Drug Cases

Cases involving convictions for drug offenses do have their own distinct criteria for eligibility to seal.

As to cases involving convictions for drug offenses entered on or after July 1, 2008, and prior to July 1, 2011, the petition to seal must be filed ten or more years after the fate of final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision, whichever is later. Also, the defendant must not have been charged or convicted for a criminal offense in the ten or more years since the date of final disposition of all criminal proceedings against him or her or the date of the defendant's release from supervision, whichever is later. Only convictions for certain drug offenses can be sealed under this law: Any petty offense in violation of a provision of article 18 of title 18, C.R.S.; Any misdemeanor in violation of a provision of article 18 of title 18, C.R.S.; Any class 5 or class 6 felony in violation of a provision of article 18 of title 18, C.R.S.; except that the provisions of this section shall not apply to conviction records pertaining to a judgment of conviction for a class 5 or class 6 felony for the sale, manufacturing, or dispensing of a controlled substance, as defined in section 18-18-102(5), C.R.S.; attempt or conspiracy to commit the sale, manufacturing, or dispensing of a controlled substance; or possession with the intent to manufacture, dispense, or sell a controlled substance; Any offense that would be classified as a class 5 or 6 felony in violation of a provision of article 18 of title 18, C.R.S., if the offense were to have occurred on July 1, 2008.

As to cases involving convictions for drug offenses entered prior to July 1, 2008, if the defendant is otherwise eligible according to the guidelines explained above, he may obtain an order to seal from the district court so long as the prosecuting attorney does not object to the sealing; the defendant pays to the office of the prosecuting attorney all reasonable attorney fees and costs of the prosecuting attorney relating to the petition to seal prior to the entry of an order sealing the conviction records; and the defendant pays the filing fee required by law; and an additional filing fee of two hundred dollars to cover the actual costs related to the filing of the petition to seal records.

How Do I Seal My Criminal Records?

When attempting to seal your criminal record, it is best to speak to an attorney experienced in handling such petitions. If your petition is not handled appropriately, your petition may be denied or the sealing itself may be incomplete.

The Law Office of Kimberly Diego has handled many of these petitions successfully.

If you want your criminal record sealed call Kimberly now at (720) 257-5346 for a FREE 45 minute consultation.