In certain situations, you may need to seal a record from a previous Colorado criminal case. For example, you may be applying for a job and do not want the employer to see an old case that does not reflect who you now are.
If you want to seal a case, you should talk to a Colorado Criminal Lawyer to determine whether your case can be sealed.
Typically you can have your case sealed if you meet the following criteria.
Criteria for Sealing a Colorado Criminal Case:
1) your crime was not charged;
2) the case was completely dismissed;
3) you won at trial.
If you do not fall into one of these categories, you will not be able to seal your record.
In addition to the restrictions, listed above, you cannot seal your records for certain times of cases. these exceptions include:
Exceptions to Sealing a Colorado Criminal Case
1) class 1 and 2 misdemeanor traffic offense;
2) class A and B traffic infractions;
3) traffic offenses involving drugs and/or alcohol;
4) offenses involving unlawful sexual behavior.
If you faced one of the types of cases listed above, you will not be able to seal your record even if you were not charged with the crime. In these situations, the best thing that you can do is relay to your employer that the charge was never pursued or that the case was dropped by the prosecutor.
If you qualify for sealing your record, you should contact a CColorado Criminal Defense Attorney in order to have him petition the court to seal your criminal record. Depending on the court, the petition will be granted if it meets the criteria for sealing. Alternatively, some courts will hold a hearing where the lawyer can present evidence of the case meeting the criteria for sealing. In either case, it benefits you to have a Denver Criminal Defense Attorney who is familiar with the sealing process to help you with the petition and any potential hearing.
Answering Questions to Employers about your Criminal History
If you do not meet the criteria for sealing your record, you should talk to a Colorado Criminal Lawyer about the phrases that you are allowed to use on applications and interviews to describe what happened in your criminal case. For example, if you are faced with an application that asks you whether you have ever been convicted of an offense, and you have merely been charged, you can affirmatively answer that question as “no”. If the question asks you whether you have ever been charged with a crime, you would need to answer that question, “Yes.”
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.