Record Sealing Lawyers in Colorado Springs

Colorado lets people seal many criminal records, so that most employers, landlords, and background check companies no longer see them. Some records are sealed automatically. Others need a motion to the court after a waiting period. Some can’t be sealed at all. Which applies depends on how each case ended and what it was for.

Cases that ended without a conviction

When a case is completely dismissed, ends in an acquittal on every count, or ends with a completed diversion agreement or deferred judgment where every count is dismissed, the court is required to seal the record itself when the case ends, without anyone filing a motion. If that didn’t happen, the Colorado Bureau of Investigation is supposed to seal it when it receives the disposition. It is still worth checking that the sealing actually happened.

Convictions

A conviction can be sealed on a motion once a waiting period has passed, counted from the end of the case or the end of supervision, whichever is later:

• One year for a petty offense or civil infraction
• Two years for a class 2 misdemeanor or a drug misdemeanor
• Three years for a class 1 misdemeanor, a class 4, 5, or 6 felony, or a level 3 or 4 drug felony
• Five years for other eligible offenses

The district attorney can object, and in some cases a victim can ask for a hearing. When there is a hearing, what you have done since the case, and how the record still affects your life, carries weight.

What can’t be sealed

The general sealing law doesn’t apply to DUI and DWAI convictions, misdemeanor traffic offenses and traffic infractions, convictions based on unlawful sexual behavior, child abuse convictions, and some convictions sentenced with extraordinary aggravating circumstances, among others. Some of these have their own rules, so ask before assuming a record is permanent.

Automatic sealing of older convictions

Colorado law also directs the state courts to identify and seal eligible convictions automatically once enough time has passed with no new conviction: four years for a civil infraction, seven for a petty offense or misdemeanor, and ten for an eligible felony. The list excludes serious crimes against people. Don’t assume a record has been sealed this way; check.

Juvenile records

Juvenile records follow a different law, which expunges them rather than seals them. For many juvenile cases, the court must order the records expunged within 42 days after a dismissal, a not guilty finding, or completion of the sentence. See juvenile defense.

What sealing changes

A sealed record no longer appears on most background checks. Employers, landlords, and most government agencies can’t require you to disclose it, and you can answer their questions as though the case never happened. Sealing doesn’t erase a conviction. Courts, prosecutors, law enforcement, and agencies required by law to run a criminal history check can still see it, and it can be used if you are charged again.

How we handle record sealing

We start by pulling every case on your record and confirming which ones qualify, since people often have more than one case and only some are eligible. We file the motions, handle notice to the district attorney, and represent you at any hearing. We also tell you plainly what sealing will and won’t change.