A criminal record can cause adverse effects on a person’s life such as losing employment, housing, financial aid and a professional license. Thankfully, you can immediately petition to seal records from dismissed or acquitted cases.
Unfortunately, though, any case involving a diversion or deferred judgment would have to wait the required time until a petition to seal can be filed. Also, petitioners of uncharged cases have to wait until the statute of limitations for the uncharged offense has passed to be eligible.
Record Sealing Attorney in Colorado Springs
You deserve to put the past behind you and move forward with your life. The Law Offices of Clifton Black, PC attorneys have decades of experience assisting clients with record sealing. Take advantage of our free consultations and schedule a time to speak with us. (719) 328-1616. Our attorneys will guide you through the sealing process and represent you in court if necessary.
Law Offices of Clifton Black, PC is based in Colorado Springs, but we regularly assist clients in areas such as Denver and Littleton.
General Rules for Sealing Records in Colorado
Sealing a criminal record is not as easy as filing paperwork with the court. Before you go through with the process, it’s advised you consult with an attorney to ensure your case is eligible for sealing. Keep in mind; a petition to seal dismissed charges may not be done in the following situations:
- An offense was not charged pursuant to a plea agreement in another case
- The case was dismissed entirely pursuant to a plea agreement in another case
- You still owe court costs, fines or restitution
However, you may still petition to seal records if they are records of official actions involving a case that was dismissed pursuant to a plea agreement in another case under the following conditions:
- 10 years have passed since final disposition of all criminal proceedings; and
- You have not been charged for a criminal offense in the 10 years since the date of final disposition of all criminal proceedings.
Once your record is eligible to be sealed, you will need to gather criminal records and arrest data, fill out the necessary forms, pay the required fees and file the case with the court. The process of getting your record sealed will take some time. Once all your paperwork has been filled out, it will take your attorney a few days to file it with the court.
Once it’s filed, it can take between 30 and 60 days to hear from prosecutors or receive orders from the court. After your attorney receives an order from the court to seal your record, they will send the order to seal to all investigative agencies.
Seal vs. Expungement
Sealing and expungement are both processes of concealing criminal records, but a few differences set them apart. For one, sealing a criminal record will only remove a record from public databases, but the file can still be accessed through a court order. Expungement, on the other hand, is the process of having a criminal record removed entirely from public records.
The key difference between the two is that sealed records still exist in both the physical and legal sense. On the bright side, both sealing an expungement will allow you to deny the charge or arrest ever happened. This allows you to legally answer no on job applications and in interviews when asked about the charge or arrest
It’s important to know both processes only go so far to protect your name. Sealing and expungement will not clear your name from the internet. News archives and mugshot websites may still contain information about the sealed charge. One simple Google search of your name and this information could still pop up.
Sealing Arrest and Criminal Records |Colorado Judicial Branch – Visit the Colorado Judicial Branch website to find more information about sealing criminal and arrest records. You can find instructions on how the process should be done, find out how much it will cost, the necessary forms and a list of records that cannot be sealed.
Sealing of Arrest and Criminal Records Other Than Convictions | Colorado Revised Statutes – Read through the section of the revised statutes on sealing records before going through with the process. By reading the statute, you can find out why the court would order a hearing, which agencies will not require you to disclose the sealed record and how often you can petition the court.
Record Sealing Lawyer in Colorado Springs
Being able to deny an arrest or charges ever happened will be a tremendous weight lifted off your shoulders. There is more to the record sealing process than what is mentioned on this page, so it’s advised you consult with an attorney at Law Offices of Clifton Black, PC. We can help you determine if your case is eligible and ensure the sealing process goes as smooth as possible.
Call (719) 328-1616 to schedule a time to speak with us. Law Offices of Clifton Black, PC represents clients in areas such as El Paso County, Denver County, and Arapahoe County.