If you're like most individuals, your reputation matters, and you don't want your criminal record to hinder your chances of securing a job, gaining admission to school, obtaining a professional license, securing a loan, or even renting an apartment. If you have a criminal record, you likely want to expunge it. Fortunately, Colorado provides a way to effectively erase certain offenses from your record, offering you a fresh start and the chance to leave your past behind. While every state varies in how they handle criminal records, the method for achieving this in Colorado is known as sealing your record.

Many people think of the word expungement when they think of clearing their record, however that term actually means the removal of all physical and electronic evidence of your criminal record. This is not something that is done in Colorado except in cases involving underage drinking and driving or other other juvenile criminal offenses. Instead someone wanting a clean record would request the sealing of specific records, ensuring they remain inaccessible without a court order. This essentially erases any trace of the legal proceedings and criminal conviction, as if they never occurred. So, while expungement and record sealing aren't the same, they serve the same purpose.

How to Determine if Someone Qualifies For Record Sealing

Not every offense is eligible for record sealing. It’s important to understand what sort of convictions can and cannot be sealed. To qualify you would need to meet the following requirements:

● You were arrested but no criminal charges resulted

● Your case was dismissed

● You received an acquittal (you were found not guilty of the charge(s) after trial)

● You completed a diversion agreement

● Your case completes a deferred judgment and sentence and all counts are dismissed.

● Your criminal offenses have received a full and unconditional pardon

The Waiting Period for Convictions in Colorado

In Colorado, if you were convicted of an offense, you must wait between one to five years from the time your case was fully discharged before you can apply to have your record sealed. Full discharge means you have completed all aspects of your sentencing, including any jail or prison time, probation, parole, community service, and payment of court costs, fines, or restitution.

The waiting periods in Colorado work as follows:

● A petty offense or a petty drug offense where the defendant has not been convicted of a crime. The court may be petitioned to seal a record one year after the final deposition of criminal proceedings or the defendant’s release.

● Misdemeanor drug offenses or Class 2 or 3 misdemeanors. The petition to seal these records may be filed two years after the final deposition of criminal proceedings or the defendant’s release.

● Class 1 misdemeanor, Level 3 or 4 drug felonies, or Class 4, 5, or 6 felonies. A petition may only be filed after three years have lapsed since the final deposition of criminal proceedings or the defendant’s release.

● Other offenses. Depending on the circumstances and if they are eligible for expungement a petition to seal may be filed five years after the final deposition of criminal proceedings or the defendant’s release.

Keep in mind that the district attorney can object to sealing records regarding certain offenses. In this case, the court will hold a hearing to determine whether the record should be sealed.

How to Get Your Record Sealed

In Colorado, House Bill 19-1275 has opened up the possibility for even more Coloradans to be eligible for record sealing, but it still requires going through the proper process. This process can be quite complex and take several months to complete. It involves the following steps:

● Gather your arrest and criminal records and a verified copy of your own record

● Fill out and submit all of the necessary documents

● File your case with the court

● Wait for the court to determine whether a hearing is needed

● Notify relevant parties via certified mail

What If Your Record Still Appears During a Background Check?

Occasionally, individuals who have successfully had their records sealed find that their criminal charges still appear during background checks. This situation can be frustrating but is not uncommon. It arises due to third-party companies providing data mining services for background checks, which may not update their records promptly. If your sealed record still shows up, it's advisable to proactively reach out to the relevant organizations performing the background checks and request the removal of the inaccurate information from their databases. While this approach can be effective, it does not guarantee complete clearance of your record. In such cases, you can inform the employer or rental agency that they may have outdated criminal record information and that failing to update it could lead to defamation liability.

Why Get Your Criminal Record Sealed?

Sealing your record comes with several benefits:

● Protects Your Privacy and Reputation: Sealing your criminal record ensures it is no longer available to the public. You won't need to disclose it or explain your past mistakes, safeguarding your privacy and reputation.

● Eliminates Employment Barriers: When applying for jobs, you often need to disclose any criminal convictions. Sealing your record prevents your employer from questioning you about sealed convictions, allowing you to answer "no" to relevant questions.

● Prevents Loan and Grant Denials: If you're seeking a loan for college, a criminal record can hinder your approval. Sealing your record reduces the risk of being denied crucial funding for education.

● Removes Professional License Obstacles: Many professions require licensing or certification, which may involve disclosing your criminal record. Sealing your record ensures your criminal history doesn't hinder or prevent you from obtaining necessary licenses.

In essence, sealing your criminal record offers you the chance for a fresh start, free from the burden of past mistakes. Understanding how the process works and who is eligible for record sealing is important for anyone who is interested in pursuing having their record cleaned.