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Who is Eligible to Expunge Criminal Records?

Expungement is the process of sealing criminal records. The process is not easy, and you will have to meet many different criteria to qualify. Though petitioning to clean your record is no a walk in the park, if your petition is accepted, you can deny the arrest or conviction even occurred. Not only this, but you can legally answer no when asked about criminal history in job interviews and applications.

For some, expunction sounds too good to be true. Colorado only allows for certain criminal cases and those convicted of certain crimes to petition for their record to be sealed. Your best course of action is to contact an attorney. They can help determine if your case is eligible and guide you through the process. 

Criminal Defense Attorney in Colorado Springs

The benefits of expunging your criminal record are endless. Not only can you deny the arrest or conviction ever happened, but employers, lenders and licensing authorities will not know the event ever occurred. Contact Law Offices of Clifton Black, P.C. to see if your case is eligible for expungement.

Call (719) 328-1616 to schedule a consultation. We are based in Colorado Springs but assist clients in areas such as Denver and Littleton.

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No Conviction

Colorado law allows for individuals not convicted of a crime to petition to have their record expunged. You may be eligible for expunction if your case meets any of the following conditions:

  • The charges against you were dismissed
  • The charges were dropped or not filed
  • The statute of limitations has expired
  • You were found not guilty

Certain terms may prevent you from expunging your record despite avoiding conviction. You cannot have your record expunged if your case was dismissed as part of a plea deal. You are also barred from the expungement process if you failed to meet the conditions of your sentence such as not paying fees and fines imposed by the court.

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Can Juvenile Cases be Expunged?

The Colorado courts understand young people make questionable mistakes. Which is why juvenile cases can be expunged and treated as if the delinquent act never occurred. Various factors dictate when a juvenile record can be expunged. Such conditions can include the adjudicated crime and if all sentencing has been completed.

Listed below is how long you have to wait and the required conditions to petition to have a juvenile record expunged.

You may be eligible to immediately petition for juvenile expungement in the following circumstances:

  • You were found not guilty
  • The case was dismissed
  • You completed the juvenile sentence
  • You have no pending felony, misdemeanor or delinquency actions
  • Juvenile diversion program, deferred adjudication or information adjustment has been complete

You will have to wait one year from the date of the following events to petition for expungement:

  • You were given a ticket or were arrested, but no additional action was taken and there are no felony, misdemeanor or delinquency actions against you
  • From the date the court denied your expungement and you now have additional information the court had not previously considered

You will have to wait three years to petition for juvenile expungement if you are considered a mandatory sentence offender or a repeat juvenile offender.

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Expunging Drug Offenses

Until a few years ago, Colorado only allowed for petty and misdemeanor drug crimes to be expunged. After House Bill 11-1167 became law, felony drug convictions are now eligible for expungement.

You may petition to have a drug crime expunged if the following conditions are met:

  • All conditions of your sentence have been satisfied
  • At least 10 years have passed since you’ve completed your sentence for a felony drug crime
  • You have not been convicted or charged with a crime within those 10 years
  • At least three years have passed since proceedings have ended for petty offenses or a class 2 or 3 misdemeanor
  • At least five years have passed since criminal proceedings for a class 1 misdemeanor

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Petty and Municipal Crimes

Petty crimes and violations of city law (municipal crimes) are eligible to be expunged from your criminal record. You can petition to have such offenses sealed if you meet the following conditions:

  • At least three years have passed since the date of conviction and the final day of court supervision
  • The violation was not a misdemeanor traffic offense committed by a driver with a commercial driver’s license (CDL)
  • You have not been charged or convicted of a misdemeanor, felony or misdemeanor traffic crime in three years since the final disposition of all criminal proceedings

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Additional Resources

Juvenile Expungement | Colorado Judicial Department – Expunging a juvenile record will not be easy. Thankfully, the Colorado Judicial Department provides general information on the process. Follow the link to learn more about what was mentioned on this page, what happens after a record is expunged and a list of forms required for the process.

Record Sealing | Colorado Revised Statutes – Follow the link provided to read the section of the revised statutes governing record sealing and expungement. You can learn more about sealing the types of cases discussed on this page and find out about sealing records for human trafficking victims and offenses involving public transportation.

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Expungement Lawyer in Colorado Springs

Don’t try to go through the process of expunging a criminal record on your own. One forgotten form or piece of information and you will have to wait another year before you can petition again. Law Offices of Clifton Black, P.C. will make sure all the necessary paperwork and information is provided so you can have your record sealed the first time around.

Take advantage of our free consultations. Call (719) 328-1616 to schedule a time to speak with us. We assist clients in areas such as El Paso County, Arapahoe County, and Denver County.

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Law Offices of Clifton Black, P.C.