When a criminal record is “sealed” in Colorado, it doesn’t cease to exist, but it does stop being public record. Any party to a criminal conviction in Colorado, including the person who was convicted, may request that a court seal a criminal record. In some cases, like juvenile matters, records are sealed automatically in certain circumstances; for others, a person must request the record be sealed.
A petition to seal a criminal conviction record must be filed in the District Court in the same county where the records are filed. You may file a petition yourself, or you may have an experienced Colorado criminal defense attorney file for you.
Not all criminal records can be sealed. Generally speaking, a criminal conviction record can be sealed if it is for:
- a petty offense;
- a misdemeanor;
- a class 5 or 6 felony, except for some drug-related convictions; or
- a conviction that would have been a class 5 or 6 felony if it had occurred on July 1, 2008.
Drug-related convictions follow special rules. Generally, you can expect to have a drug-related conviction sealed only if it has been at least 10 years since the conviction or since the end of your probation or parole (whichever is later), and also if you have had no criminal record since that time.
At The Bussey Law Firm, P.C., our skilled Colorado Springs criminal defense attorneys are committed to securing the best possible outcome in each case we handle. If you’re facing criminal charges, contact us today at (719) 475-2555 for a free, confidential consultation.