Expungement / Sealing Records

What is Expungement and Why Should You Seek It?

If you’ve been arrested or charged with a crime in the past, you may be eligible to have your record expunged or sealed. Though some information will remain available to the district attorney and law enforcement agencies, expungement removes this information from the view of potential employers, schools, and other parties and institutions that may wish to check your background, as well as the public. With your past obscured, opportunities that may have been unavailable due to a criminal history could become accessible again. Expungement is well worth the effort, time, and expense to reopen doors that have been closed to you due to your past. A Denver Expungement Lawyer can help to clean up you record for future employment opportunities, call Decker & Jones to get those matters before the court as soon as possible.

Who Can Have their Records Expunged in Colorado?

You may be eligible for expungement if your matter was dismissed outright by the State or if you were found “not guilty” of all charged matters after a jury trial. If you received a deferred judgment and sentence and successfully completed the terms, you may be eligible for expungement. A deferred judgment and sentence usually involves a period of two years and requires a person to plead guilty, usually to the lead charge, with an agreement that the offender not be sentenced if all conditions of probation are satisfied in two years. If the terms of the deferred adjudication are satisfied, the matter is dismissed altogether and you may be able to expunge your arrest record.

Who Cannot Have their Records Expunged in Colorado?

A common misconception about expungement or sealed records, however, is the notion that any conviction or charge can be expunged after enough time has passed. This is not true in Colorado. Whether you have been convicted of a felony or misdemeanor, you are not eligible for expungement if your arrest or booking event resulted in conviction of any kind to any charge.

If you have been convicted, you cannot get the record expunged no matter how successfully you completed your terms of probation or how much time you served. Violent crimes and sexually related crimes are not eligible for expungement.

How Does One Petition for Expungement?

A petition must be filed in the District Court where the charge or arrest record originated. These matters are always subject to input and objections from the prosecution, though in many cases, the prosecution will not object if the Petition to Expunge is meritorious.  Therefore, it’s essential to have the skill and expertise of an attorney who is experienced with expungement to ensure that your petition is solid and persuasive.

What Happens if the Expungement is Granted?

When arrest records are expunged, the District Court orders the Colorado Bureau of Investigations and other reporting agencies to seal the matter and not report it to the general public. As far as any employer, school, lending establishment, landlord, or anyone other than law enforcement who may check your criminal background is concerned, your record will be swept clean.

Contact Decker & Jones Today for a Free Consultation Regarding Expungement

To benefit from nearly three decades of combined legal experience that is available at Decker & Jones, simply fill out the convenient online contact form or call our Golden or Denver offices at (303) 573-5253. When you contact Decker & Jones to schedule a free initial consultation and learn about the legal options available, your call will be returned within two hours. We accept credit cards and can also create payment plans for our clients in need. Contact Decker & Jones today for a free consultation.