Sealing Criminal Records – Record Seal

Over the last several years and, with the proliferation of information over the Internet, numerous companies engage in the business of accumulating and selling personal information, including arrest and criminal records. It is critical that you take every step to ensure that you seal your criminal record is not made available to the public.

Gard Law Firm is an experienced law firm providing effective legal representation throughout the state of Colorado. We enjoy a reputation for providing excellent legal work and are fortunate to claim that all of our work comes by “word of mouth.” We have successfully sealed the criminal records in numerous cases and are confident that we can help you or someone you care about.

Not all cases can be sealed.

You may only seal arrest or criminal records if:

  • All charges were dismissed by the DA;
  • You were found not guilty at trial;
  • You were arrested and never charged;
  • You received a deferred sentence, deferred prosecution, or deferred judgement and successfully completed the sentence;
  • You were convicted of a petty offense or a municipal ordinance violation and three years have passed with no further legal trouble;
  • You were convicted of a juvenile charge;
  • You were convicted of prostitution in a situation involving trafficking; and
  • You were convicted of posting an intimate photo on the internet.

You may seal certain drug convictions if:

Drug offenses convictions prior  to 7/1/2008

  • You were convicted of a petty offense or misdemeanor drug crime;
  • You were convicted of a Class 5 or 6 felony that is NOT related to the sale, manufacture, or dispensing of drugs or the attempt of any of those crimes as defined in C.R.S. § 18-18-102(5) or possession with intent to committing those crimes;
  • For such convictions, 10 years must have passed from probation or parole supervision; and
  • You have not been charged or convicted of any crime since the original conviction for which you wish to seal; and
  • You must pay both the regular filing fee (a few hundred dollars), plus the Prosecution’s attorney fees upfront;
  • However, if the District Attorney objects the record cannot be sealed.

Drug offense convinctions from 7/1/2008 -7/1/2011

  • You were convicted of a petty offense or misdemeanor drug crime;
  • You were convicted of a Class 5 or 6 felony that is NOT related to the sale, manufacture, or dispensing of drugs or the attempt of any of those crimes as defined in C.R.S. § 18-18-102(5) or possession with intent to committing those crimes;
  • You have not been charged or convicted of any crime since the original conviction for which you wish to seal;
  • However, if the District Attorney objects then the case proceeds to a hearing before a judge.

You may not seal arrest or criminal records if:

  • If you have been convicted of a charge that is not included above (juvenile offense, petty offense, etc.);
  • You have been convicted of a sexual offense as defined by C.R.S. §16-22-102(9) even if there was a deferred sentence where there was a finding of unlawful sexual behavior; or
  • You have received a deferred judgment for a traffic offense where you are the holder of a commercial driver’s license;
  • You have received a deferred judgment for DUI or DWAI. However you can seal a DUI or DWAI case if the case was completely dismissed or you were acquitted at trial;
  • You still owe restitution, fines, court costs, late fees, or other fees ordered by the Court; and
  • The offense pertains to a class 1 or class 2 misdemeanor traffic offense, or to a class A or class B traffic infraction.

The procedure for sealing the record:

A petition requesting that the record be sealed must be filed in the District Court, in the county where the records are located. All of the agencies who maintain the record must be provided with notice and an opportunity to object to the petition to seal.

If the petition to seal is granted by the Judge you would not be obligated to disclose any information contained in the sealed records to any employer, educational institution, state or local government agency, officials, and employees in any application or interview. Further, if an interviewer or application inquires about any criminal records that may have been sealed you may legally claim that no such action ever occurred and that no such record exists.

Moreover, upon any inquiry, all criminal justice agencies are required to state that no such records exist. With certain limited exceptions, once the record is sealed, the documents legally could be examined only if you or the prosecuting attorney petitions the Judge and the Judge grants the examination. However, please be advised that the arresting agency is permitted to share information contained in a sealed record when an inquiry is made by another criminal justice agency.

What can you do if your record cannot be sealed?

If you are not eligible to seal your arrest and criminal record for any of the reasons above, we have developed a method to help you explain your legal situation. We find that by being honest about your criminal history, combined with emphasizing all that you did to complete your sentence and any “life lessons” you learned in the process, can help you obtain and advance in your employment, education or other endeavors. Honesty is the best policy and you can help a prospective employer understand your side of the story. This approach has helped many people convince the employer to take a chance.

 

What our clients say about us:

Mr. Jeff Gard is a humble attorney that I had the privilege to represent me. This man was one of many I interviewed to take my case and he was the only one truly looking for my best interests. I will and have recommended Gard Law Firm for friends and people I love, in their time of need. Anyone who is in that situation should feel confident that this team will deliver success and peace of mind. Thank you Jeff for being there in my life when I needed you.

– Ash N.

 

 

Please Note

All of the cases, set forth above are for purposes of example, and are not and should not be construed as a guarantee or predictor of future result.