I. Make sure the charge you are petitioning to seal is a qualifying charge. A petition to seal an offense not listed is likely to result in the denial of the petition to seal and thus is likely a waste of not only your time and energy but also your money.
II. If the petition to seal is for a qualifying charge, check to make sure that:
- The petition is filled out properly (either online or clearly and legibly in black ink), and
- You have provided notice of the petition to the District Attorney, and
- Include all applicable case report numbers, case numbers, arrest numbers and list all the appropriate parties and agencies that possess the defendant’s criminal records, and
- Pay the appropriate filing fee, ($224 for most petitions), and
- If unable to pay the filing fee you can file a motion in forma paurperis (motion to file without payment and include a supporting financial affidavit – JDF 205),
- Attach a criminal history showing no new criminal charges or convictions since release from supervision or final disposition, whichever is later, and
- Include any case numbers of any cases that were dismissed due to a plea agreement in another case, and
- Enter the case numbers for all files you are asking the court to seal (a separate filing fee is required for each case you want the court to seal), and
- Specify charges for any arrest record or court case file you want sealed, and
- List the results of the official action you are petitioning to seal, and
- Sign the petition in the presence of a Court Clerk or a Notary Public, and
- any outstanding fines, fees, court costs, restitution, etc… must be paid in full, and
- That you have waited the statutorily required time period to file
III. Go to the Colorado State Judicial Branch website’s self-help forms (unless filing in Denver District Court, then go to their website).
- Review JDF 416 – instructions on how to file a petition to seal
- Fill out the JDF 417 form completely and accurately
- Attach the orders JDF 435 completing only the caption (Court will fill out rest if applicable).
- Fill out JDF 418 – complete all portions
- You must indicate the same agencies as you did on the petition
- Fill out JDF 419 – complete all relevant portions
- The Court may send this notice and copy of the petition to the agencies you listed on the petition or the Court may require you to mail to the agencies once the hearing is set.
If you are required to provide the order and notice of hearing and petition to the agencies listed, complete JDF 617 – certificate of mailing and also file the certified mailer for the District Attorney’s office.