Colorado Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in Colorado
Expungement is the process of eliminating and erasing information from a person's criminal records. When someone does a thorough search of your background such as an employer then they will have no access to your criminal records. You will also have the legal right to state that you have no criminal record.
In Colorado when a person is arrested or convicted, it goes to their criminal record. These records can be accessed by the public through a background check. Colorado expunges criminal records only for juvenile offenders, underage drinking and driving offenses. For adult criminal records, Colorado has a process of sealing them. Sealing makes a person's record inaccessible and only law enforcement and prosecution entities have access to them.
Records that can be expunged
Records in any court, correctional facility, law enforcement, and criminal justice agency will be affected. Record regarding the person's apprehension, detection, arrest, and detection are selected for sealing. Any person who has been convicted can file a civil action in the county in which any arrests or criminal records are found.
Individuals who are eligible for Colorado criminal record expungement are:
- The person was charged with a crime but later acquitted.
- Your case was dismissed.
- The person was arrested and hence has a court record, but he was not charged in court and also the statute of limitations for the offense that person was convicted of.
- You have a record involving a case which was dismissed due to a plea agreement in a different case, ten years have passed since the final disposition of all related criminal proceeding, and you have not been charged in for another crime in those 10 years.
The ten years commences from the same day of conviction or release from prison whichever is initial. If you have any new sentence or court case pending then the ten years will start after all the conviction is dissolved.
Getting criminal record expunged in Colorado falls under certain terms and conditions.and certain records cannot be sealed such as:
- Criminal activity that relates to sexual violence.
- Class A or Class B felony doesn't involve a drug misdemeanor.
- Murder or first-degree Homicide
- An unclassified felony that carries a sentence of more than ten years.
- A Class Y offense.
- A crime of violent nature
- Traffic indignation where one held a commercial driving license.
If you proceeded to a trial where you were convicted guilty, then your chances of getting your records sealed are diminished. Convicted felons in Colorado cannot have their records sealed especially if the nature of their crime is related to domestic violence or sexual assault.
How to get your criminal record expunged in the state of Colorado
The process of Colorado expunging criminal records involves the following steps:
- Obtain records: The first step is to get criminal records from the police department.
- Obtain Criminal History: The next step is to get a verified copy of their criminal record from the Colorado Bureau of Investigations.
- Complete the petition form: Complete the petition and other forms and submit the forms to the same court where you were convicted.
- Court Reviews the petition: Court will review your petition and then either approve it or deny it. The court may also schedule a hearing before accepting to seal your criminal record.
- Final Step: If the judge approves and your order is sealed then the person sends a copy to all of the agencies that have their criminal records on files like police stations, state-run server database and so on and their records are expunged.