Sealing Drug Convictions in Greeley

Sealing Weld County Drug Convictions is a constantly changing area of the law.  Colorado continues to change its records sealing laws.  At this time, you can seal some drug offenses in limited circumstances.  In years past, and still today, our attorneys are able to seal cases in Weld County which were completely dismissed, where a person successfully completed a deferred judgment and sentence, where the defendant was acquitted at trial on all counts, where there was no filing of charges, and where all of the charges were dismissed. The law concerning the sealing of certain drug convictions is what is new and is discussed below.

What is the Sealing Law on Drug Convictions?

New rules have recently come about concerning the sealing of drug convictions, only.  Note that this is different from above which applies to cases not resulting in convictions.  The new rules are very complicated and generally require the consent of the Weld County District Attorney.  These provisions are not as powerful as defense attorneys might like, but they are a start.  We can only present an overview of the drug cases sealing law here, so don’t rely on this brief outline to make any final decision.  You must speak with one of our experienced criminal defense lawyers about the unique facts of your case before you can know how whether sealing is possible in your case.  Here is just a sample of the confusing new laws applicable to Weld County drug convictions:

Drug Convictions From July 1, 2008 and Before July 1, 2011

For drug convictions entered between July 1, 2008 and before July 1, 2011, a defendant is able to file a petition to seal their drug record:

• after ten years following the termination of supervision over them (which realistically means that this section is useless until 2018 at the earliest),
• if no charges or convictions occur for any new criminal offenses following their release from supervision,
• if the defendant does not owe costs, fines, or restitution, (there are many special costs owed to the government related to the sealing petition, which are nonrefundable), and
• the conviction must be for a class five or six felony drug offense (not distribution of drugs), or a misdemeanor offense for drugs, or a petty drug offense.

The public can request the court to unseal these convictions, following their being sealed, under certain circumstances. This law permits the Weld County DA to object and terminate the sealing process.

Drug Convictions Occurring After July 1, 2011

Weld County Drug convictions after July 1, 2011, have different rules.  Here, a convicted person can file a petition to seal their record following a specific number of years counted beginning after the completion of the case and any probation / parole over the defendant:

• after three years for petty offenses, class two misdemeanors and any class three misdemeanors,
• after five years for class one misdemeanors,
• following seven years for certain class five or six felony drug possession offenses (not distribution of drugs), and
• if the conviction is for any other drug offense, then after ten years.

The person seeking the sealing must be sure to have all their fines, costs and any restitution paid off.  Again, the public can request the court unseal these convictions under certain circumstances.