As a general rule, criminal court records are public. That means anyone can go to the local courthouse and find out if someone's ever been arrested for, charged with or convicted of a crime. In some states, though, there are ways to hide or even destroy a criminal record, so that almost no one can find out about an arrest or conviction.

The terms "expungement" and "sealing" are often used interchangeably when it comes to criminal records, but there are some differences. "Sealing" a criminal record is when a court file is hidden from the general public. "Expunging" a criminal record means that the record is completely destroyed; it's as if the crime never happened. In essence, they're the same thing: There are very limited circumstances when a sealed record may be looked at or when the defendant (the person arrested or convicted) has to tell someone that he has a prior arrest or conviction that's been expunged.

The states have very different laws about sealing and expunging records. Some states don't allow any records to be sealed or expunged. Some allow one or both, but they don't allow either one for some crimes, like murder, kidnapping and sex-related crimes.

Below are the laws in Colorado that deal with expunging, sealing, or otherwise destroying or concealing criminal records. They may change at any time, so be sure to check the current laws for any changes. And the process itself is usually complicated. If you have any questions, an experienced criminal law attorney can give you the help and expertise you need.

Sealing Criminal Records – Record Seal

          Over the last several years and, with the proliferation of information over the Internet, numerous companies engage in the business of accumulating and selling personal information, including arrest and criminal records. It is critical that you take every step to ensure that you seal your criminal record is not made available to the public.

         Bradley A. Stephenson, P.C. is an experienced law firm providing effective legal representation throughout the state of Colorado. We have successfully sealed the criminal records in numerous cases and are confident that we can help you or someone you care about.

NOT ALL TYPES OF RECORDS CAN BE SEALED!

DISMISSED CRIMINAL RECORDS:

You may seal arrest or criminal records FOR NON-CONVICTION RECORDS if you meet one of the following requirements:

You may not petition to seal arrest or criminal records if:

• You have been convicted of a sexual offense as defined by C.R.S. §16-22-102(9); or
• You still owe restitution, fines, court costs, late fees, or other fees ordered by the Court;
• The offense pertains to a class 1 or class 2 misdemeanor traffic offense, or to a class A or class B traffic infraction, or a conviction for a violation of DUI or DWAI.  (Dismissed DUI/DWAI cases MAY qualify for sealing)

CRIMINAL CONVICTION RECORDS:

Finally, in certain circumstances, you may petition the Court to seal a criminal conviction record if you meet the requirements listed below:

You may only petition the Court to seal criminal conviction records if the offense qualifies pursuant to statute and you meet the two requirements below:

1.       Ten or more years have passed from the final disposition of all criminal proceedings against you or you have been released from supervision concerning a criminal conviction, whichever is later;

AND

2.       You have not been charged or convicted for a criminal offense in the ten or more years since the date of the final disposition of all criminal proceedings or the date of your release from supervision, whichever is later.

OR

Pursuant to §24-72-308.6, C.R.S., any person in interest may petition the District Court in the county in which the criminal conviction records are filed, this section applies to convictions entered on or after July 1, 2011.

You may only petition the Court to seal criminal conviction records if the offense qualifies pursuant to statute and you meet the requirements below:

1.      You have not been charged or convicted for a criminal offense since the date of the final disposition of all criminal proceedings or the date of your release from supervision, whichever is later; and

2.      Petty offense or Class 2 or 3 Misdemeanor -- Three or more years have passed from the final disposition of all criminal proceedings against you or you have been released from supervision concerning a criminal conviction, whichever is later; or

3.      Class 1 Misdemeanor -- Five or more years have passed from the final disposition of all criminal proceedings against you or you have been released from supervision concerning a criminal conviction, whichever is later; or

4.      Class 5 or 6 Felony -- Seven or more years have passed from the final disposition of all criminal proceedings against you or you have been released from supervision concerning a criminal conviction, whichever is later; or

5.      All other offenses in article 18 of title 18 -- Ten or more years have passed from the final disposition of all criminal proceedings against you or you have been released from supervision concerning a criminal conviction, whichever is later.

You may not petition the Court to seal criminal conviction records if you still owe 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.

YOU ARE ELIGIBLE TO PETITION THE COURT TO SEAL A CONVICTION RECORD ONLY FOR THE FOLLOWING OFFENSES:

1.      Any petty offense in violation of article 18 of title 18;

2.      Any misdemeanor in violation of article 18 of title 18;

3.      Any class 5 or class 6 felony possession offense in violation of article 18 of title 18 as it existed prior to August 11, 2010, EXCEPT if the conviction was for the sale, manufacturing, or dispensing of a controlled substance as defined at §18-18-102(5), C,R,S, or attempt of those offenses or for possession with intent to manufacture, dispense or sell a controlled substance;

4.      Any offense that would be a class 5 or class 6 felony in violation of article 18 of title 18 if the offense were to have occurred on July 1, 2008.  

It is your responsibility to obtain and pay for a current verified copy of your criminal history report from Colorado Bureau of Investigation (CBI) that is valid 20 days prior to filing the Petition.

u  Other than for the sealing of a petty offense in Article 18 of Title 18, you must provide Notice to the district attorney at the time you file your Petition.

u  An order sealing conviction records shall not be construed to vacate a conviction.

u  If you obtain a conviction of a new criminal offense after an order sealing conviction records is entered, the Court, on its own motion or upon the motion of any prosecuting attorney, shall order the conviction record to be unsealed.

u  The Court, law enforcement and criminal justice agencies, or prosecuting attorney for any lawful purpose relating to the investigation or prosecution of any case will always have access to the file. The files are not destroyed. 

u  Upon the entry of an order to seal and an inquiry in the matter, you and all criminal justice agencies may properly respond that “no such conviction record exists with respect to such person”.

u  For additional information, please review §24-72-308.5, C.R.S. and §24-72-308.6, C.R.S.

Source:  Official Colorado Judicial Website.

The procedure for sealing a criminal record:

         A petition requesting that the record be sealed must be filed in the District Court, in the county where the records are located. All of the agencies who maintain the record must be provided with notice and an opportunity to object to the petition to seal.

         If the petition to seal is granted by the Judge you would not be obligated to disclose any information contained in the sealed records to any employer, educational institution, state or local government agency, officials, and employees in any application or interview.

         Further, if an interviewer or application inquires about any criminal records that may have been sealed you may legally claim that no such action ever occurred and that no such record exists.

         Moreover, upon any inquiry, all criminal justice agencies are required to state that no such records exist. With certain limited exceptions, once the record is sealed, the documents legally could be examined only if you or the prosecuting attorney petitions the Judge and the Judge grants the examination. However, please be advised that the arresting agency is permitted to share information contained in a sealed record when an inquiry is made by another criminal justice agency.