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Expungement is a legal process allowing individuals to have certain criminal records sealed or erased, providing them a fresh start and removing barriers to employment, housing, and other opportunities. In Colorado, the process of expungement is specific and requires a thorough understanding of the eligibility criteria, the steps involved, and the potential benefits.

How Does Colorado Expungement Work?

Expungement is different from record sealing, which is the process of legally sealing a criminal record from public view. However, sealed records are still available for law enforcement officials to see.

On the other hand, expungement is when a record is destroyed completely so that no one will ever be able to uncover it through a background check or other means. Because of this, expungement makes it easier for individuals to secure employment, housing, and other opportunities.

Why doesn’t everyone with a criminal record get it expunged? After all, that sounds amazing.

It’s because only certain records are eligible for expungement.

Eligibility for Expungement in Colorado

As you might imagine, the state is pretty selective about what criminal records can be expunged. The eligibility criteria depend on the type of offense, the outcome of the case, and the amount of time that has passed since the conviction or arrest.

In Colorado, the types of records eligible for expungement are limited to juvenile records, underage drunk driving records, and criminal records proven to have been cases of mistaken identity.

Juvenile Records

While juvenile records related to some criminal acts do not qualify, an individual may request the expungement of most juvenile records under the following conditions:

• One year after completing probation
• Three years after unconditional parole supervision release or commitment to the state’s Department of Human Services
• Five years after being released from a repeat offense sentence

Underage Drinking and Driving Records

Underage drinking and driving records can be expunged immediately if the charges are dismissed. Otherwise, they can be expunged once the individual turns 21.

Mistaken Identity

When the police determine that a criminal record was the result of mistaken identity, they are required by law to expunge the record. This correction must be made within 90 days of discovering the mistake.

By meeting these requirements, individuals can potentially clear their records and move forward with their lives.

Steps to Obtain an Expungement in Colorado

As mentioned above, the process of obtaining an expungement in Colorado involves several steps, with the exception of mistaken identity, which the law requires law enforcement officials to handle within 90 days of discovering the error.

Here’s a comprehensive guide to navigating this process:

• Determine Your Eligibility.

The first step is to determine if your record is eligible for expungement. This involves reviewing the specific details of your case, including the type of offense, the outcome, and the time elapsed since the conviction or arrest.

• Obtain Your Criminal Record.

You will need a copy of your criminal record to proceed with the expungement process. You can obtain this through the Colorado Bureau of Investigation (CBI) or the court where your case was handled.

• Complete Required Forms.

Colorado provides specific forms for expungement petitions, which vary based on the type of record you are seeking to expunge. These forms can typically be found on the Colorado Judicial Branch website.

• File the Petition.

Once the necessary forms are completed, you must file the petition for expungement with the court that handled your case. This often requires paying a filing fee, although fee waivers may be available for those who cannot afford it.

• Serve Notice.

After filing the petition, you must serve notice to the district attorney’s office and any other relevant parties. This gives them the opportunity to object to the expungement if they have valid reasons.

• Attend the Hearing.

In many cases, a hearing will be scheduled where you can present your case for expungement. The judge will consider factors such as the nature of the offense, your behavior since the conviction, and the reasons for seeking expungement.

• Await the Decision.

After the hearing, the judge will make a decision on whether to grant the expungement. If granted, the court will issue an order to seal the record.

• Follow Up.

Once the expungement is granted, ensure that all relevant records are updated. This may involve contacting agencies maintaining your criminal record to confirm the expungement has been processed.

Colorado Expungement: The Importance of Legal Representation

Navigating the expungement process can be complex, and having skilled legal representation can make a significant difference. An experienced Denver criminal attorney can help determine your eligibility, guide you through the required steps, and advocate on your behalf in court. Additionally, they can ensure that all paperwork is correctly filed and deadlines are met, increasing the likelihood of a successful expungement.

In short, legal representation can provide peace of mind and improve your chances of a fresh start.

Benefits of Expungement in Colorado

The benefits of expungement are numerous and can significantly impact your life. One major advantage is improved employment opportunities.

With an expunged record, you can confidently apply for jobs without the fear of your criminal history affecting your chances. Employers often conduct background checks, and having a clean record can make a substantial difference in securing employment.

Access to housing is another crucial benefit. Many landlords conduct background checks on potential tenants, and a criminal record can be a significant barrier to finding a place to live. An expunged record can increase your chances of securing housing, allowing you to find a stable and safe living environment.

Expungement also opens doors to education and professional licensing. Certain educational opportunities and professional licenses may be off-limits to individuals with a criminal record. By expunging your record, you can access further education and career advancement opportunities that were previously unavailable.

Lastly, expungement provides peace of mind. Having a criminal record expunged can offer a sense of closure, allowing you to move forward without the burden of past mistakes affecting your future. Knowing that your past no longer hinders your opportunities can lead to improved mental and emotional well-being.

About the Author:

Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Countless legal organizations have recognized Mr. Martinez for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys and is Lead Counsel rated.