When Can I Expunge or Seal a Criminal Record in Colorado?
When you’ve been convicted of a crime and completed the terms of your sentence, you may be under the impression that you can put the whole experience behind you. Unfortunately, a criminal conviction in Colorado will haunt you for the rest of your life if you don’t take the initiative to do something about it. Through record expungement or sealing, you may be able to finally close that chapter of your life and move forward into a brighter future.
But obtaining an expungement or getting your criminal record sealed isn’t easy. With the help of experienced Colorado expungement lawyer Mitch Geller, you can find out what options are available to you and get started on clearing your name as soon as today.
What’s the Difference Between Expungement and Record Sealing?
Although the terms record sealing and expungement are often used interchangeably, they have pretty different meanings. Record sealing means that your criminal record is, well, sealed. Here, when someone runs your background check, like a potential employer or landlord, your criminal record will not show anything incriminating. But law enforcement and other government officials will still have access to the original records that show your conviction.
Expungement is entirely different. When a criminal record is expunged, it effectively does not exist. It's as if the arrest, charges, or conviction against you never happened. These records are destroyed in the state of Colorado when a document is expunged.
With this being said, Colorado does not provide many opportunities for expungement. Only juvenile offenders and underage drunk driving convictions can be expunged. But as an adult offender, there may be opportunities for your criminal record to be sealed depending on the details of your case. When Have Your Miranda Rights Been Violated?
Although TV shows make it seem that the charges against you will get thrown out for a minor issue with your Miranda Rights, this is sensationalized for dramatic purposes. In reality, you don't even need to be Mirandized until you are already a suspect police want to question. This means they likely already have at least some evidence to suspect that you are involved in or guilty of a crime.
When are your rights violated, then? Let’s say police attempt to question you in any kind of detail about your involvement in a crime without having been Mirandized. If you said something incriminating, the state might attempt to use these words as evidence against you at trial.
It should be noted that a violation of your Miranda rights does not mean that your entire case will be thrown out. Instead, any statement you gave without being Mirandized while in police custody will be suppressed. You should only expect your charges to be entirely dismissed if the state has no other evidence that would allow them to prosecute you.
Understanding whether your rights have been violated can be confusing, especially when accused of a serious crime. You can find out whether you have been a victim of a Miranda Rights violation and what your options are if your rights have been violated after your Colorado criminal defense lawyer analyzes the details of your case.
Qualifying for Record Sealing and Expungement in Colorado
You know that only juvenile offenses are eligible for expungement. But what about record sealing? Is any adult charged with or convicted of a crime eligible to have their criminal record expunged? The short answer is no. Only certain crimes will qualify for expungement. The majority of non-violent misdemeanors may qualify for record sealing.
But there are many types of crimes that are not eligible for record sealing in the state of Colorado. Sex crimes, domestic violence offenses, and DUIs are only a few of the more common crimes that will remain on your record indefinitely. If you are unsure whether you can get your record sealed in Colorado, contact criminal defense lawyer Mitch Geller to find out.
Colorado Record Sealing Waiting Periods
Before moving forward with the record sealing process, you need to find out how long you must wait to proceed after your case has been closed. This is known as the waiting period, and it will vary depending on the crime in question. For example, if you were only charged with a crime but later dismissed, there is no waiting period. But if you were charged with, say, a drug misdemeanor, the waiting period would be at least two years. Certain crimes even have to wait periods as long as five years. Only once this waiting period has passed can you file your record sealing petition.
Once the court has granted your petition to have your record sealed, your criminal records will no longer be available to the public. And when you have a job interview, or someone asks you if you've ever been charged or convicted of a crime, you will typically be able to answer, "no," honestly. There are some exceptions, however. If you were applying to become a member of the Colorado Bar as a lawyer, for instance, your record would need to be disclosed.
What Happens If Your Petition to Get Your Record Sealed is Denied?
If your petition is denied, your attorney can analyze your case to find out why. Was the waiting period longer than you thought? Was there a simple error on your petition that needs to be corrected? Record sealing is never a guarantee, and the judge does have the authority to use discretion when granting or denying record sealing petitions.
Record sealing and expungement may not be an option for everyone. But you can find out whether it’s a viable choice for you when you contact an expungement lawyer for help.
Contact a Colorado Expungement Lawyer Today
Are you trying to move on with your life? Are you unsure whether you can expunge or seal your criminal record? Don't let this opportunity pass you by. Contact Colorado criminal defender Mitch Geller for more information when you want an honest appraisal of your options. You can complete our quick contact form or call our office at 720-696-7897 to get started on your case as soon as today.