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Sealing Old Convictions
Am I Eligible to Have My Records Sealed?
Whether or not your records are eligible to be sealed depends on your particular situation.
What if I Wasn’t Charged?
If you were involved in an arrest but weren’t formally charged with a crime or were not convicted in court, your records may be eligible for sealing.
What if the Case Was Dismissed?
If the case against you was dismissed by the court, your records may be eligible for sealing.
What if my Identity Was Mistaken?
In cases where mistaken identity is proven, an expungement petition is warranted.
Certain crimes that are not eligible for sealing include Class 1 or 2 traffic offenses, Class A or B traffic infractions, DUIs, and crimes involving unlawful sexual behavior.
In Colorado, having criminal charges on your record can hinder your life from moving in a positive direction and can completely derail your current life and future plans. Unfortunately, punishment does not always end after a sentence is served and a fine is paid. People with a criminal record have difficulties in every aspect of their lives that make it hard to move forward. If you have been charged with or convicted of a crime, you can petition the state to have your records sealed so that you can move on with your life and work toward the success that everyone deserves.
At the Law Offices of Murphy and Price, we have several decades’ worth of experience helping people get their criminal records sealed or expunged, and we can help you. Contact us for your consultation today.
When Can Convictions Be Sealed?
|Colorado Criminal Charge||Mandatory Waiting Period Before Records Can Be Sealed|
|Arrest records that do not result in a conviction/ dismissed cases||Immediately|
|Petty offenses and petty drug offenses||One year after the case is closed|
|Class 2 misdemeanors and class 3 misdemeanors||Two year after the case is closed|
|Drug misdemeanors||Two years after the case is closed|
|Class 4 felonies, class 5 felonies, and class 6 felonies||Three years after the case is closed|
|Level 3 drug felonies and level 4 drug felonies||Three years after the case is closed|
|Class 1 misdemeanors||Three years after the case is closed|
|Level 2 drug felonies and all other offenses||Five years after the case is closed
|Underage DUI convictions (UDD) with a BAL of .02 to .05.||Immediately after age 21
|Juvenile records||Up to five years, depending on the circumstances.
Dismissals and acquittals can be sealed immediately.
A case is considered closed after a final disposition has been determined, all fines paid, and sentences served. There is no guarantee that your criminal record can be sealed. Some factors that influence how probable you are to win the case include the type of criminal offense,
whether you were convicted, age, and/or when the case was dismissed or closed.
It’s important to know that while most convictions have a mandatory wait time and then you can appeal for a records seal, there are some convictions that can never be sealed including:
- Class 1 felonies
- Class 2 felonies
- Class 3 felonies
- Level 1 drug felonies
- Sex crimes
- Domestic violence convictions (including domestic violence harassment)
- Class 1 misdemeanor traffic offenses
- Class 2 misdemeanor traffic offenses
- Class A traffic infractions
- Class B traffic infractions
- Crimes involving a commercial driver’s license
There are some exceptions to the rules prohibiting the sealing of some cases and some offenses can be sealed when prohibited with the consent of the government or a higher standard/burden before the court. The legal experts at the Law Offices of Murphy & Price, LLP can help.
Difference Between Sealing and Expunging Records
A criminal records seal is exactly what it sounds like — your criminal records are sealed so that they do not show on a criminal background check or on a public criminal history check. When your criminal records are sealed, your neighbors and prospective employers will not be able to see the charges and convictions, however, law enforcement and prosecutors can. Expungement is the process of having your criminal history —typically a single event or charge— deleted from your criminal record. Currently, Colorado only offers expungement for charges that are dropped or do not result in a conviction or juvenile conviction. Whichever one you qualify for, we can help with.
Your Top-Rated Local® Criminal Defense Attorney
Criminal charges can have severe and lasting consequences on your future and reputation. When your case is dismissed, settled, or closed, it does not go away just because you were not convicted or when you complete your sentence. Get the life you deserve when you enlist the help of the committed criminal defense team at the Law Offices of Murphy and Price, LLP. Our experienced Colorado Springs-based legal team can help you decide which options you have and navigate the complex legal system on your behalf. Contact us to schedule your consultation today.
Petitioning to get your criminal record sealed or crimes expunged can be a difficult process. However, there are attorneys available to help you navigate the process. If you’re trying to clean up your record in Colorado, give Murphy & Price LLP a call. We’ll help you understand if your record is eligible for sealing and help you petition it. Contact our team today.