A few months ago, a potential client came into my office with a lengthy criminal history resulting from severe addiction in his early 20s. Although he had been sober and law-abiding for years, his long list of felony convictions held him back when it came to housing, travel, and employment. He made an appointment with my office to determine how many of his felony convictions were eligible for sealing. After a bit of research, I determined that all of his felonies were eligible for sealing. Within months, he went from having a lengthy felony criminal history to having all of his cases sealed. Are you curious if your adult criminal record is eligible to be sealed? I have created a series of flow charts to help you understand the sealing statute. If you are going to file a Motion to Seal, I recommend you read the self-help guide created by the Colorado Courts.
Sealing of Arrest Records when no Charges were Filed
Determining Eligibility: Were you a person in interest in a police investigation in which charges were never files?
· No: Not eligible for sealing of arrest record
· Yes:
Did you complete a diversion agreement, and no criminal charges were filed?
§ No: Continue
§ Yes: Eligible to seal arrest record
o If you were never charged, has the statute of limitations for the offense for which the person was arrested run?
§ No: Continue
§ Yes: Eligible to seal arrest record
o If you were never charged and the statute of limitations has not run but you are no longer being investigated by law enforcement for commission of the offense.
§ No: Not currently eligible
§ Yes: Eligible to seal arrest record
Sealing Criminal Justice Records Other than Convictions—Simplified Process
Determining Eligibility: Did the case involve a misdemeanor or felony charged in criminal court?
· No: Not eligible for sealing
· Yes:
o Was there a verdict of not guilty at a trial?
§ No: Continue
§ Yes: Eligible for simplified sealing
o Was the case dismissed in its entirety prior to any trial or alternative sentencing?
§ No: Continue
§ Yes: Eligible for simplified sealing
o Was there completion of a diversion agreement or a deferred judgement and sentence and all counts were dismissed?
§ No: Continue
§ Yes:
· Do the records pertain to a deferred judgement and sentence for a felony offense for the factual basis involved in unlawful sexual behavior?
o No: Continue
o Yes: Not eligible for sealing
· Do the records pertain to a deferred judgement and sentence concerning the older of a commercial driver’s license or operator of a commercial motor vehicle?
o No: Continue
o Yes: Not eligible for sealing
Sealing of Criminal Conviction Records
Determining Eligibility: Was there a conviction in a criminal case?
· No: Not eligible for sealing of a criminal conviction record.
· Yes: Continue
o Has restitution been paid in full?
§ No: Not eligible to seal
§ Yes: Continue
o Was the offense a civil infraction, petty offense, or a drug petty offense?
§ No: Continue
§ Yes:
· Has one year passed since the date of the final disposition of all proceedings against the defendant or the release of the defendant from supervision concerning the conviction?
o No: Not eligible for sealing, must wait until one year has passed.
o Yes:
§ Eligible for sealing[1]
o Was the offense a class 4, class 5, or class 6 felony, a level 3 or level 4 drug felony, or a class 1 misdemeanor?
§ No: Continue
§ Yes:
· Have three years passed since the date of the final disposition of all proceedings against the defendant or the release of the defendant from supervision concerning the conviction?
o No: Not eligible for sealing, must wait until three years have passed.
o Yes: Eligible for sealing
Even once your criminal justice record is sealed, it is still available to the courts, law enforcement agencies, criminal justice agencies, and prosecutors. C.R.S. § 24-72-703 (2)(a)(1). And, if you obtain a new criminal conviction, the court will unseal your records.
Once your record is sealed, “employers, state and local government agencies, officials, landlords, employees, and other entity shall not require an applicant to disclose any information contained in a sealed criminal justice record in any application or interview….” C.R.S.A § 24-72-703 (2)(d)(I).
Sealing offers people a fresh start after completing their sentence and the required waiting period. If you need help sealing your criminal record, please make an appointment for a free consultation with my office or sign up for a free legal clinic to obtain help sealing your criminal convictions.
[1] If the offense is for a second or subsequent conviction for a violation of section 18-13-122(3) (Illegal possession or consumption of ethyl alcohol or marijuana by an underage person--illegal possession of marijuana paraphernalia by an underage person) then in order to have the offense sealed only if the defendant has not been convicted of or is not currently charged with any felony, misdemeanor, or petty offense during the period of one year after the date of the defendant's conviction for a violation of section 18-13-122(3).
