Dealing with a criminal record can feel like carrying a heavy weight everywhere you go. It can affect your job opportunities, housing applications, and even your personal relationships.
At Grabski & Shah in Colorado Springs, our goal is to help clients regain their freedom and confidence. You don’t have to face this alone—there are legal options that can help you move forward with your life. Reach out to us today to explore your options.
How Sealing and Expungement Work in Colorado
In Colorado, criminal records can sometimes be sealed or expunged, depending on the type of offense and other factors. While both processes limit access to your criminal record, there are important differences. Choosing the right process for your situation can have a lasting impact on your future opportunities and peace of mind.
Sealing a record makes your criminal record unavailable to the public, meaning most employers, landlords, and the general public won’t be able to see it. Expungement, on the other hand, completely removes the record from public access, and in many cases, you can legally state that you’ve never been convicted of the offense.
Not every case qualifies for sealing or expungement, as eligibility depends on factors like the severity of the offense, how long ago it occurred, and whether you’ve had subsequent convictions. Knowing the correct process for your situation can make a significant difference in achieving a successful outcome.
It’s also important to understand that even after a record is sealed or expunged, certain situations may still require disclosure. For example, law enforcement, courts, and some government agencies may retain access to the information. Similarly, professional licensing boards or certain sensitive employment positions may still review your criminal history.
Qualifying For Sealing or Expungement
Knowing whether your record qualifies can feel overwhelming, but understanding the general criteria can help you take the right first steps. Before starting the process, it’s important to know whether your criminal record qualifies. While each case is unique, there are general guidelines to help determine eligibility:
Type of offense: Minor offenses and certain misdemeanors are more likely to be eligible. Felonies may qualify in some cases, but restrictions are stricter.
Time since conviction: Colorado law typically requires a waiting period after your sentence or probation ends. This waiting period varies depending on the charge.
Completion of sentence: You must have completed all aspects of your sentence, including probation, fines, and community service.
No subsequent offenses: A clean record following your conviction increases your eligibility.
Even if your record seems ineligible, there may be exceptions or alternative options that allow you to limit public access to your criminal history. Taking the time to review these factors can save you from delays and complications.
Filing the Petition
Once you’ve determined that you may qualify, the next step is filing a petition with the court. Filing a petition is a formal legal request asking the court to seal or expunge your record. To start, you’ll need to gather documentation, such as court records, sentencing information, and any other documents that detail your conviction and sentence.
Next, you’ll prepare the petition itself. This involves completing the legal forms required by Colorado law and submitting them to the court where your case was handled. Working with an experienced criminal defense attorney can help make this process smoother.
Courts may also require filing fees, though some fees can be waived under certain conditions. Once the petition is submitted, the district attorney or prosecutor’s office is typically notified, allowing them to review and, if necessary, object to your request.
Finally, a judge may schedule a hearing to review your petition. During the hearing, the judge may ask questions about your case before making a decision. While filing a petition may seem straightforward, missing paperwork or procedural errors can delay your case. Paying close attention to each step significantly improves the chances of a favorable outcome.
What Happens After the Court Decision
Once the judge makes a decision, it’s important to follow the next steps carefully to make sure the sealing or expungement is fully effective. After the court rules on your petition, there are steps you need to take to finalize the process and protect your record:
Obtain the court order: If your petition is granted, you’ll receive an official order stating that your record is sealed or expunged.
Submit orders to agencies: The court order may need to be sent to the Colorado Bureau of Investigation, local law enforcement, and other agencies that maintain criminal records.
Confirm record status: Check that your record is no longer publicly accessible. Sometimes errors occur, so verification is important.
Reapply for jobs or licenses: With your record sealed or expunged, you may legally state you haven’t been convicted of the offense when applying for most employment or housing opportunities.
Completing each step thoroughly helps prevent errors and confirms that the court’s decision has the full effect intended. Taking these follow-up steps carefully helps make sure that your criminal record is properly handled and your rights are restored.
Speak With an Attorney For Support With Your Criminal Record
We know that dealing with a criminal record can be stressful, confusing, and sometimes discouraging. At Grabski & Shah, we understand the personal and professional challenges that come with a criminal record, and we’re here to help clients in Colorado Springs, Colorado, and nearby areas take meaningful steps forward. Reach out today, and let us help you move toward a fresh start.
