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 & Bond 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 you meet one of the following requirements:

• All charges were dismissed or you were acquitted of all charges. This includes any cases where you successfully completed a deferred sentence or deferred prosecution;
• There is only an arrest record and no charges were filed;
• You had a case that was dismissed due to a plea agreement in another case and more than 10 years have passed since the case was concluded and you have had no additional criminal charges.

You may not petition to seal arrest or criminal records if:

• You have been convicted of a sexual offense as defined by C.R.S. §16-22-102(9); or
• You still owe restitution, fines, court costs, late fees, or other fees ordered by the Court;
• The offense pertains to a class 1 or class 2 misdemeanor traffic offense, or to a class A or class B traffic infraction, or a conviction for a violation of DUI or DWAI.

Finally, in certain circumstances, you may petition the Court to seal a criminal conviction record if you meet the two requirements listed below:

• Ten or more years have passed from the final disposition of all criminal proceedings, including any period of probation;

  —AND—

• You have not been charged or convicted for a criminal offense in the ten or more years since the date of the final disposition of all criminal proceedings, including any period of probation.

Only people convicted of the following offenses are eligible to petition to seal the conviction:

• Any petty offense;
• Any misdemeanor in violation of article 18 of title 18;
• Any class 5 or class 6 felony in violation of article 18 of title 18 EXCEPT if the conviction was for the sale, manufacturing or dispensing of a controlled substance as defined at §18-18-102(5), C.R.S. or attempt of those offenses or for possession with intent to manufacture, dispense or sell a controlled substance.

In cases involving a criminal conviction, you must obtain the permission of the prosecuting district attorney before you can petition to seal a conviction record.

For additional information, please review C.R.S. §24-72-308.

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.

Finally, if you are not eligible to seal your arrest and criminal record, 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.

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.