Having a criminal record can affect many aspects of your life. Many people in Weld County may be eligible to have their Criminal Record Sealed or Expunged, based on frequent changes in Colorado record sealing and expungement law. The lawyers at the O’Malley Law office understand that mistakes happen, and that does not mean that a criminal record should hinder your life. Below, our top Greeley lawyers discuss these 5 Criminal Record Sealing facts:
- In Greeley, Colorado What Does It Mean to Have Your Record Sealed or Expunged?
- What is the Difference Between Sealing a Conviction and Expunging an Adjudication
- What Types of Criminal Records Can Be Sealed in Weld County?
- How Long Does It Take to Have a Criminal Record Sealed in Greeley, Colorado?
- How Do I Get My Criminal Record Sealed in Weld County?
#1. In Greeley, Colorado What Does It Mean to Have Your Record Sealed or Expunged?
In Greeley, if a person is arrested or convicted of a criminal offense, that event is put on a “criminal record” with the Colorado Bureau of Investigation, also know as CCIC. This record is public information, and most anyone can get a copy of this record inexpensively from CBI. This means that if someone with a record is applying for a job or wanting to volunteer at their child’s school, a background check will normally reveal that criminal conduct. Even if it was a bad arrest, and the police found out they made a mistake arresting you, they will not normally reflect that change in your criminal record. When a person applies to have their Criminal Record Sealed, it means that it would no longer show up on a background check.
#2 What is the Difference Between Sealing a Conviction and Expunging an Adjudication
Having a record Expunged or a Record Sealed, are two different things in Colorado. When your adult Criminal Record is Sealed, law enforcement, District Attorneys and the court system are still able to see your record. Fortunately though, the public and employers are not able to see it. Juvenile Adjudication records are Expunged, not sealed. When Expungement happens, a similar result occurs where government still has access to the record, but not the public. The rules for Juvenile cases to be Expunged are more lenient than Sealing is for adult records. The whole idea is for Juveniles to be given a second chance since they are young and make youthful mistakes, while adults are bad when they commit a crime and they should not always be given a second chance.
#3 What Types of Criminal Records Can Be Sealed in Weld County?
First, only Colorado criminal records can be sealed in Colorado courts. Not all criminal records are eligible by statute to be sealed in Weld County. Whether a record can be sealed depends on the type of criminal offense, if the defendant was convicted permanently, the defendant’s age (whether yours is an adult conviction or a juvenile adjudication), and how the case was resolved in court.. Arrests that have not resulted in permanent convictions can also be petitioned to be sealed. Many cases can be sealed after a waiting period and many can be sealed without a waiting period once the conviction is removed by a court – such as occurs with a successful deferred judgment and sentence. Many convictions can be Sealed today, even if they were not permitted to be sealed in the past. Some crimes are more difficult or impossible to seal, such as:
- Class 1, 2, or 3 Felonies
- Level 1 Drug Felonies
- Sex crimes
- DUIs
- Domestic Violence Convictions
- Class 1, or 2 Misdemeanor Traffic Offenses
- Crimes involving a commercial driver’s license
It is important to note that a Record Sealing is never guaranteed, and it is in many cases subject to a judge’s discretion. That is why it is important to have a criminal defense lawyer who has experience in getting Records Sealed. Defense lawyers look at any current case and try to resolve it so you’ll have the best chance of sealing your record in the future. Many District Attorneys will agree to a result which permits sealing one day, provided the defendant works hard on probation to overcome whatever shortcomings contributed to the case occuring.
#4. How Long Does It Take to Have a Criminal Record Sealed in Greeley, Colorado?
In Greeley, the length of time to be eligible to petition for a Criminal Record to be Sealed depends on the case. In the case of an arrest where there is no conviction application for Sealing can be made immediately. For multiple petty offenses or class 2 misdemeanors, there might be a short wait such as two years. It can be a several year wait, even 5-10 years, for certain felonies. And, many crimes are unable to be sealed. Your chances of success are based in large part by what you and your attorney were able to accomplish in court, when you were charged. Unless a thoughtful approach was used at that time, you may have a permanent record, which can never be sealed. Getting a Criminal Record Sealed is not always easy and before you can file a Petition, all your probation requirements need to be met as well as any statutory waiting period. Having a criminal defense attorney to walk you through the process can help you get the best outcome and avoid mistakes and delays. IT IS IMPORTANT TO REMEMBER THAT MANY CRIMES WHICH WERE UNSEALABLE IN THE PAST ARE NOW SEALABLE. So, give our defense attorneys a call to discuss the status of your criminal record.
#5. How Do I Seal a Criminal Record in Weld County?
The process to Seal a Criminal Record in Weld County is pretty uniform up front, but there are many things you and a criminal defense attorney can do to increase the chances that your Petition will be granted. If you hire us, we will take the following steps to provide you the best chance to seal or expunge your criminal conviction or juvenile adjudication: :
- We’ll obtain a current copy of your criminal record and criminal history.
- We’ll talk with you about the status of the case you want to seal or expunge, including the status of your relationship with your victim (never contact them if there is a Protection Order with a No Contact provision in your case.).
- We’ll ensure that your charge can be sealed or expunged by reviewing statutory law.
- If you are eligible, we’ll discuss steps you can start taking to make it more likely a judge will feel safe granting a Petition to Seal.
- We’ll then draft your Petition in a complete manner.
- We’ll File your Petition and other required documents with the court.
- We’ll make contact with the District Attorney about their position on the sealing / expungement when helpful.
- We’ll be prepared to make arguments on your behalf at your hearing if the court requests a hearing.
- Finally, your attorney will provide a Court order and fee payment to CBI to ensure that your records are sealed.
Having a Criminal Record can impede opportunities for where you live and work. If you think that you are eligible to Seal a Criminal Record, contact the skilled lawyers at the O’Malley Law Office. We have over 30 years of experience in Record Sealing and Expungement, and we want to help you get a “clean slate” today.