Sealing of Records

We all make mistakes. However, if you’ve ever made an unlawful mistake which brought you before a criminal court, then, depending on the type of criminal conviction or plea you received, you may be able to have this mistake erased or “expunged” from your record. Sealing of a Criminal History is the process of going to court to ask a judge to seal a court record from the public view. Sometimes this process is called an expungement, but in Colorado an expungement is specifically for Sealing Juvenile Criminal Histories.

The records that are sealed typically include: the complaint(s) filed against you, records of arrests, warrants, photographs, fingerprints, “rap sheets” and court procedural records. It is important to remember that a Sealed Record is NOT a destroyed record. The police, FBI, immigration officers, and other public officials may still see sealed court files for certain purposes. Usually, people request their Records Sealed when they have been denied a job, housing, or a professional license because of their criminal background.

Why Should I Have My Records Sealed?

The benefits of Sealing Records can be numerous. When seeking a job, housing, or a professional license, an applicant who has his or her criminal record sealed may be able to legally assert that he or she has no criminal history. Generally, if a record has been sealed, a background search by an employer, landlord, or educational institution of an individual’s public records will not reveal a conviction or arrest. Sealing a record is becoming increasingly important in the internet-age, given the ease of access to public information.

Who Can Request To Have Their Records Sealed?

We may only petition the Court to seal arrest or criminal records if the Client meets one of the following requirements:

  • All charges were dismissed or the Client was acquitted of all charges.
  • There is only an arrest record and no charges were filed in a Court.
  • The Client had a case that was dismissed due to a plea agreement in another case and 10 or more years have passed from the final disposition of all criminal proceedings and no additional criminal charges since the date of the final disposition of all criminal proceedings have been filed against the Defendant.

We may not petition the Court to seal arrest or criminal records if:

  • The Defendant has been convicted of an offense for which the factual basis involved unlawful sexual behavior
  • The Defendant still owes restitution, fines, court costs, late fees, or other fees ordered by the Court in the case being requested to seal, unless the court has vacated such order.
  • Certain traffic offenses including Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI) cannot be sealed.
  • The conviction pertains to an offense concerning the holder of a commercial driver’s license or the operator of a commercial motor vehicle.

We Can Help You Secure A Better Future

In order to file a Petition to Seal Arrest and Criminal Records, we must obtain the proper case report numbers, case numbers, and arrest numbers from the original arrest or criminal records. This information is necessary to ensure that your case is sealed properly, if ordered by the Court. Our firm uses official Colorado Bureau of Investigation criminal histories to obtain the necessary information for our clients.

Once all of the correct information has been gathered, we can begin drafting a petition to the court requesting that the records be sealed. The Petition is the formal request for the records to be sealed and states our argument to the court.

After the paperwork is completed and reviewed, the Petition to Seal Arrest and Criminal Records will be submitted along with a filing fee to the appropriate Colorado District Court. Filings fees and costs range from around $250 to $450.

Finally the court will order a hearing on your case. The hearing is to convince the Judge that, on balance, the benefit to you from the Sealing of Criminal History is more than the disadvantage it would be for the public to not have access to your criminal record.

While there is no guarantee that the court will Seal your Records, Steve Pisani has a proven successful track record. The Sealing of a Criminal History involves a lot of paperwork and attention to detail, and it can take several months to complete the process. If you decide to go forward and request your records sealed, be sure that you talk to a lawyer or, at a minimum, that you understand all of the required procedures and that you carefully follow them.

Useful Links

Sealing of Arrest and Criminal Records Forms

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