Yes, it may be possible for an individual to have a felony expunged or sealed from their criminal record in the State of Colorado. The terms expungement and sealing are commonly used interchangeably when referring to criminal records.
In Colorado, however, these two terms have different meanings and are different legal processes. Expungement is only available in cases involving juveniles, underage drinking and driving, or individuals who were arrested because of mistaken identity.
When a juvenile’s record is expunged, it means it will be destroyed completely. Law enforcement and state officials will not be able to access the information. This process is only permitted in certain specific circumstances and can be difficult to obtain.
On the other hand, sealing an individual’s record restricts its availability. This means it will no longer be available to members of the public, including potential employers and landlords and will not appear on criminal background checks.
Although the information is no longer available to the public, it may still be accessed by law enforcement agencies and other agencies under certain circumstances. There are certain agencies or particles, such as employment or licensing entities, that can still access sealed records when someone is:
- Applying for immigration or naturalization procedures
- Applying for a state license where they are required to swear under penalty of perjury regarding their criminal record
- Asked about their expunged criminal record under oath at a criminal trial
- Applying for employment with the military or federal government that requires a security clearance or background check
The only way that the records can be accessed by other entities is by a court order. Once an individual’s record is sealed, they are permitted to say that they have never been convicted of a criminal offense when submitting an application for employment or housing.
This can be very helpful when an individual is seeking a fresh start. Having a criminal record can affect numerous aspects of an individual’s life, including:
- The right to vote
- Obtaining employment
- College acceptance
- Being approved for a loan
- Being allowed to rent a home
- Owning firearms
- Being able to adopt children
- The ability to do volunteer work
Even when an individual was not formally convicted, if they have a record of arrest or criminal prosecution, it may cause them the same types of issues as if they had a conviction on their record. An individual may also potentially be able to seal uncharged arrests, dismissed charges, and acquittals. It is important to reach out to a local Colorado lawyer to determine the specific records that are eligible to be sealed as well as assistance with expunging a conviction in Colorado.
Factors Influencing Felony Expungement
It is important for individuals to be aware that there are numerous factors that can affect or influence whether or not a court will grant a felony expungement, including, but not limited to:
- The nature of the offense
- If the victim was 15 years old or younger
- If the crime was sexually motivated
- The defendant’s age at the time of the crime
- If the defendant has additional felony convictions
- The defendant’s age at the time of the offense
- How long it has been since the defendant was arrested or convicted
- Whether the defendant has completed any court-ordered requirements in their sentence
Which Felonies Can Be Expunged?
As discussed above, in Colorado, the process of expungement is only limited to specific offenders and certain crimes, including:
- Juvenile offense
- Underage drinking and driving
- Arrest records in cases of mistaken identity
There are, however, offenses that can be sealed under Colorado law, including:
- Arrests not resulting in a conviction
- Petty offenses
- Petty drug offenses
- Drug misdemeanors
- Class 2 or 3 misdemeanors
- Level 3 and 4 drug felonies
- Class 1 misdemeanors
- Municipal and misdemeanor offenses committed by victims of human trafficking
Categories of felonies that may be sealed under Colorado law include:
- Class 4
- Class 5
- Level 2, 3, and 4 drug felony offenses
Each of these categories of offenses have different waiting periods, and individuals must complete before being eligible to seek record sealing. An attorney can provide more information on these time requirements.
The Process of Expunging a Felony
For juvenile offenses, the process for expungement begins when an attorney files a petition in a Colorado District Court. These types of petitions can only be filed one time in a year.
A juvenile’s records may automatically be expunged in specific situations, including:
- Being found not guilty at a trial
- The case was dismissed
- Their sentence was completed for a petty offense
If an individual is seeking a record sealing, the process also begins when a lawyer files a petition with the proper court. The court will hold a hearing where an individual’s attorney can present evidence and arguments as to why they are eligible to have their record sealed.
As noted above, there will likely be a waiting period that an individual must complete before they are eligible to file a petition requesting record sealing. There are specific situations where a waiting period may not apply, including:
- Being found not guilty at trial
- Completing a diversion program
- The charges against them were dropped
- The defendant was arrested, but no investigation was completed, and the statute of limitations has expired
It is important to note, however, that if a defendant had their charges dropped or entered a deferral program based on a plea deal, they will not be eligible for immediate record sealing. It is common for record sealing requests to be granted, so long as the defendant is eligible and their forms were correctly completed and submitted.
Because of this, having a lawyer handle the request will likely increase the chances of approval. If an individual is required to attend a hearing, their attorney will represent them.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
After an individual’s felony record is sealed in Colorado, it will not be totally erased, but will no longer be a matter of public record. As noted above, when an individual undergoes a background check, the offense will no longer appear.
In some specific instances, however, certain agencies may still be able to access these records, including when an individual files for:
- Healthcare positions
- Legal professions
- Law enforcement positions
- Financial services positions
- Positions working with children
- Government positions
- Education positions
For more information on when it may be necessary to disclose a sealed felony offense in Colorado, an individual should consult with an attorney.
Which Felonies Are Not Eligible for Expungement?
Under Colorado law, there are specific felonies that are not eligible for expungement, including:
- Homicide or a comparable offense
- A violent sex offense
- A felony sex offense
- A traffic offense
- An aggravated juvenile offense
Felonies that are not eligible for record sealing in Colorado include:
- Class 1
- Class 2
- Class 3
- A level 1 drug felony
- Felony sex crimes
- Felony DUI or DWAI
- A felony domestic violence conviction
- A felony crime that involves a commercial driver’s license
Do I Need an Attorney for Help With Felony Expungement?
If you have a criminal record in Colorado, you may have issues trying to get a job or finding housing. If you want to find out if your criminal conviction may be eligible for record sealing or expungement, you should consult with a Colorado expungement lawyer.
You can take advantage of LegalMatch’s free and easy lawyer matching services to find a lawyer in your area who can help you determine your eligibility for expungement or record sealing in around 15 minutes. Once you complete the online submission, it only takes about 24 hours for you to get messages from lawyers near you who can determine your eligibility and help you through the process.
