August 2024 | Peakstone Law Group, LLC

Finding a job, housing, and educational opportunities can be highly daunting when you have a felony arrest, indictment, or conviction on your record. However, you may be eligible for a Colorado felony expungement or felony record sealing that would keep that information from appearing in a background check.This article highlights the felony criminal records that are eligible for expungement or sealing in Colorado and the process for obtaining such relief. To discuss the specific facts of your case with an experienced criminal defense attorney, contact Peakstone Law Group, formerly known as Patterson Weaver. We are ready to provide you with a free consultation.What Is the Difference Between Expungement and Sealing?The expungement of your criminal record is not the same as the sealing of it. When your criminal record is expunged, it is basically destroyed. Because the record no longer exists, no prospective employer, landlord, or school can access the criminal record.When a criminal record is sealed, it still exists. However, it is shielded from public view. That is why the record will not appear in a background check. In most cases, if you are asked if you have a public criminal record, you can say “no.” However, in some situations, your criminal records must be disclosed, regardless of whether they have been sealed, such as when you apply for certain types of professional licenses.What Felony Criminal Records in Colorado Can Be Expunged or Sealed?Under Colorado law, expungement is available only for juvenile records, underage drinking and driving records, and records from an arrest based on mistaken identity. Sealing, however, is available in many cases. A major factor is whether the felony arrest led to an indictment, dismissal, acquittal, or conviction.Not indicted — The Colorado Bureau of Investigation (CBI) must automatically seal your arrest record. When it happens depends on the date of arrest. For instance, if the arrest happened on or after January 1, 2022, the CBI must seal the record within one year plus 60 days after the arrest date if no charges are filed. If your arrest occurred before then, the period may be longer until it is automatically sealed.Not convicted — You are also entitled to automatic sealing of your criminal record after you are arrested and charged with a felony, but either your case is dismissed, or you are found not guilty. There is no waiting period for the sealing of your arrest record in this situation.Convicted — If you are found guilty of a felony in Colorado, you may petition to seal your criminal record. However, you must go through a waiting period. This period starts when a case is finally resolved at trial, on appeal, or upon your release from supervision, whichever comes later.Not all felony convictions are allowed to be sealed. The only felony convictions eligible for sealing are:Class 4 or 5 feloniesLevel 2 to 4 drug feloniesHow Long Does It Take to Get Your Felony Conviction Sealed?If you were charged with a felony, but your case resulted in dismissal or acquittal, you are immediately eligible for sealing your arrest records. On the other hand, if you were convicted, you must go through a waiting period before filing a petition.The waiting period starts when your case is finally resolved, whether at trial after an appeal or when your supervision ends. The waiting period is three years if you were convicted of a Class 4 or 5 felony or a Level 3 or 4 drug felony. Otherwise, the waiting period is five years. If you seek to seal multiple felony convictions, the waiting period will depend on the highest-level conviction, and you will be limited to the number of convictions that can be sealed.Get Help from an Experienced Colorado Expungement LawyerAt Peakstone Law Group, we know how important expungement or sealing of your criminal records can be to your future. We are ready to help. Contact us today to get started with a free consultation about sealing records.

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Month: August 2024

Can Felonies Be Expunged in Colorado?