Do Misdemeanors Go Away in Colorado?

Have you recently been charged with a misdemeanor crime? Were you formally convicted of a misdemeanor charge, and are you interested in learning more about how the recording sealing or expungement process works? If so, Denver criminal defense attorney Mitch Geller could be the right legal defender for your case. 

Many people do not understand the severity and implications of a misdemeanor crime. But Colorado misdemeanors are far more serious than you might think. Below, we go into further detail about some of the more common misdemeanor crimes and how you might be able to make your conviction go away.

Common Types of Misdemeanors in Colorado

Misdemeanor crimes in Colorado can take many different forms. While less severe than felony charges, misdemeanor crimes are serious and can impact your future. 

 Some of the most common types of misdemeanors seen in Colorado criminal courts include:

• Underaged drinking

• Prostitution

• Domestic violence

• Indecent exposure

• Drunk driving

• Resisting arrest

• Criminal mischief

• Public fighting

If you are convicted of a misdemeanor in Colorado, you could face up to two years  in jail and be required to pay fines as high as $5000, among other criminal penalties. For example, you might be required to complete a certain number of community service hours, be placed on probation, or be ordered to complete a drug or alcohol rehabilitation program. With penalties this severe, it is imperative that you get legal representation from a Denver criminal defense lawyer.

Colorado Expungement and Record Sealing

You might be surprised to learn that there is a big difference between Expungement and Record Sealing in the state of Colorado. In fact, although that these two phrases are often used interchangeably, they mean very different things. For a criminal record to be expunged, it would be as if the conviction in question never existed. But when the record is sealed, the conviction is only available to specific and necessary members of the court or government. This means that if your record is sealed, it will not be available to the general public. 

Only juveniles convicted of non-violent crimes have the opportunity to have their record expunged. Anyone over the age of 18 who is convicted of a crime is not eligible for expungement. Instead, they may qualify to have their records sealed under Colorado law. There is one exception to this rule, however. If you were arrested for a crime due to mistaken identity and charges were never filed against you, this record can be expunged.

Who Is Eligible for Record Sealing in Colorado?

Not everyone is eligible for record sealing in Colorado. The following circumstances represent cases in which a record could be sealed: 

• Certain juvenile and underage offenses

• Misdemeanor drug convictions

• Situations in which the accused party received adjudication or completed a pre-trial diversion program

• Misdemeanor charges involving a victim of human trafficking

A variety of convictions make a person ineligible for sealing, including:

• Class 1, 2, and 3 felonies

• Level 1 drug felonies

• DUIs

• Any crime related to a commercial driver’s license

• Sex crimes

• Class A and B traffic infractions

• Class 1 and 2 misdemeanor traffic offenses

• Domestic violence crimes

Being convicted of a misdemeanor does not necessarily guarantee that your record can be sealed. 

How Long Does It Take to Get a Colorado Misdemeanor Conviction Record Sealed?

If you thought after you completed the terms of your misdemeanor conviction sentencing that you would be able to move on with your life and get your records sealed, you might be sadly mistaken. A waiting period applies to seal eligible misdemeanor crimes; cases in which the charges are dismissed can be sealed with no waiting period.

For example, if you were convicted of a drug misdemeanor, you would be required to wait two years after your sentence was complete before you could apply to have your records sealed. To find out how you can make your Colorado misdemeanor conviction go away, contact a reputable defense attorney.

Contact An Experienced Denver Criminal Defense Lawyer

Misdemeanor crimes may be less severe than felonies, but that doesn’t mean a conviction won’t seriously impact your life. Whether you have recently been charged with a misdemeanor or were convicted of a misdemeanor and are interested in clearing your record, reach out to respected Denver criminal defense attorney Mitch Geller. You can schedule your free, no-risk consultation when you contact the office by phone at (720) 696-7897. Or complete our convenient contact form so we can get started on your defense strategy as soon as today.