People often wonder what the difference is between sealing and expungement. In order to explain each of these processes fully, we need to define a couple of terms. “Expungement” is the process of sealing juvenile criminal records, while “sealing” is the process for sealing adult criminal records. Our court system in Weld, Morgan, and Logan County handles these processes differently.
Rules for Expungement of Juvenile Crimes
Juvenile cases which end in one of these three ways are eligible to be expunged:
- Dismissal of the petition
- Not guilty at an adjudicatory trial
- Successful completion of an informal adjustment, diversion program, or a deferred adjudication
There are many rules involved in the expungement of a juvenile criminal record in Greeley, Evans, and Erie. And, in some cases, records cannot be expunged. The following five items are examples of cases which cannot be expunged:
- Direct filing cases (where the juvenile was tried as an adult)
- Cases involving unlawful sexual behavior
- Aggravated juvenile offenders
- Violent juvenile offenders
- Cases where restitution has not been paid to the victim
Our legal system treats juvenile convictions (called adjudications) as a civil matter. But, the effect of adjudication is often life-changing in the real world. The public and employers view juvenile adjudications the same as adult convictions. This is why expungement is crucial for juveniles who wish to start life with a clean slate.
Rules for Sealing Adult Records
Adult cases which end in one of these four ways are eligible to be sealed:
- No charges filed after an arrest
- Successful completion of a deferred prosecution or deferred judgment
- Dismissal of the case
- Conviction for a petty offense or municipal case (eligible after 3 years, and only if no additional convictions have been incurred since the original conviction to be sealed)
There are many rules and complex laws related to the sealing of adult criminal records. Some drug possession (not drug distribution) convictions can be sealed after a certain amount of time. Most felony sexual offenses cannot be sealed. This is true even if a person has successfully completed a deferred judgment.
Why Should I Seal my Record? Why Do I Need a Lawyer?
The real world is a tough place to live with a criminal conviction or adjudication. Employers and landlords do background checks on job applicants and possible renters. Many of them don’t hire or rent to people with a criminal past. Expungement and sealing offer a chance at leaving the past in the past and getting a clean slate on which to build your future. The laws related to record sealing are complicated, however. This is why it is wise to work with an experienced criminal defense attorney who can guide you through the complex process successfully. Don’t let your decisions in the past decide your future.
If you or a loved one is interested in the expungement or sealing of a criminal record, don’t hesitate. Contact one of our experienced record sealing lawyers at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
Image Credit: FreeDigitalPhotos.net – lekkyjustdoit