Sealing Criminal Records – Record Seal

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.

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.

The Impact of Sealing Your Record:

Sealing your record can have a huge impact on your life. Once a record is sealed, the defendant and all criminal justice agencies will inform the public that no such criminal records exist. But, sealing a conviction does not vacate that conviction.

Further, employers, state and local government agencies, officials, landlords, and employees cannot require an applicant to disclose any information contained in sealed conviction records in any application or interview or in any other way. An applicant does not need to include a reference to or information concerning the sealed conviction records in answer to any question concerning conviction records that have been sealed and may state that the applicant has not been criminally convicted. An application may not be denied solely because of the applicant’s refusal to disclose conviction records that have been sealed.

However, be advised that the Colorado State Board of Law Examiners may inquire about sealed arrest and criminal records. Additionally, licensed educators must notify the Department of Education if he or she files a motion to seal. Also, a sealed conviction may be used by a criminal justice agency, law enforcement agency, court, or prosecuting attorney for any lawful purpose relating to the investigation or prosecution of any case.

Can My Record Be Sealed?

You may seal arrest or criminal records if:

  • All charges were dismissed by the DA;
  • The case involves mistaken identity;
  • 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;
  • All charges were dismissed by the DA;
  • You were convicted of prostitution in a situation involving trafficking; and
  • You were convicted of posting an intimate photo on the internet.

You also may seal certain criminal convictions:

  • Petty offenses: one year after the conviction;
  • Class 2 or 3 misdemeanors and any drug misdemeanor: two years after conviction;
  • Class 1 misdemeanor: three years after conviction;
  • Class 4, 5 or 6 non-drug felonies: three years after conviction; and
  • Level 3 or 4 drug felonies: three years after conviction.

You may not seal the following arrest or criminal records:

  • DUI or DWAI convictions;
  • A case where only charge was class 1 or 2 misdemeanor traffic offense;
  • A case where only charge was a class A or B traffic offense;
  • 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;
  • A conviction for an offense for which the underlying factual basis involved unlawful sexual behavior;
  • A conviction for child abuse:
  • A conviction that is subject to aggravating circumstances sentencing (see C.R.S. 18-1.3-401(8)):
  • A conviction for an extraordinary risk crime (see C.R.S. 18-1.3-401(10));
  • Sentencing for a special offender crime ;
  • Sentencing for a crime involving a pregnant victim;
  • Sentencing for a conviction for which the underlying factual basis involves domestic violence:
  • Sentencing for a sexual offense;
  • Sentencing for a crime of violence:
  • A conviction for felony animal cruelty felony;
  • A conviction for an offense classified as a class 1, 2, or 3 felony;
  • A conviction for a level 1 drug felony;
  • A conviction of an identity theft offense;
  • A conviction for an offense involving unlawful termination of pregnancy;
  • A conviction for a pandering offense (see C.R.S. 18-7-203); and
  • Records pertaining to a deferred judgment and sentence for a felony offense for the factual basis involved in unlawful sexual behavior as defined in section 16-22-102(9).

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.