Our leading criminal defense lawyers understand that having a prior criminal conviction can make life difficult. Having a criminal record may prevent you from getting a job, buying a house, getting accepted into a university, and maintaining public benefits like food stamps. Fortunately, depending on the offense, you may be able to seal your criminal record, which keeps your record from being disclosed to entities outside of courts and law enforcement. In some cases, this also allows you to legally tell others that you do not have a criminal history.
Can I Seal My Criminal Record in Greeley?
The first step is to evaluate whether you can seal your Greeley criminal record. This depends on the crime you were charged with, whether you were convicted of committing a felony or misdemeanor, whether you were convicted or acquitted, and how long it has been since court proceedings related to your charge ended, among other considerations. Many crimes are eligible for record sealing after a specific period of time, but some are not. Some records are easy to seal and some, like sex crimes, may require a hearing if sealing is even a possibility.
Crime convictions ineligible for record sealing in Greeley include, but are not limited to:
- Traffic infractions and misdemeanor traffic offenses
- Driving Under the Influence and Driving While Ability Impaired, C.R.S. 42-4-1301
- Many sexual offenses
- Extraordinary risk crimes
- Crimes of violence
- Domestic Violence crimes
- Child Abuse, C.R.S. 18-6-401
- Tampering with a Witness or Victim, C.R.S. 18-8-707
- Class 1, class 2, and most class 3 felonies
- Class 1 drug felonies
Eligibility for record sealing depends on a number of factors. If you are interested in sealing your criminal record, it is beneficial to contact an experienced criminal defense attorney who can advise you as to whether or not your criminal record is eligible for sealing.
How Long Until I Can Seal My Criminal Record in Weld County?
Following conviction for a crime, you must wait a specified period of time after all court proceedings surrounding your case have finished for your criminal record to be eligible for sealing. This means that the time for waiting starts once you get out of jail, get off probation, or get off parole. Following the completion of some diversion agreements or deferred judgments, the wait is nearly nonexistent. Below is a table outlining the time period a person convicted of a crime must wait before sealing their criminal record:
| Class of Offense/Circumstances | Time Period Until Eligible for Record Sealing |
| · Offenses committed by human trafficking victims | Any time |
| · Petty offenses
· Drug petty offenses |
1 year |
| · Class 3 misdemeanors / M3
· Class 2 misdemeanors / M2 · Drug misdemeanors · Some level 4 drug felonies / DF4 |
2 years |
| · Class 1 misdemeanors / M1
· Class 6 felonies / F6 · Class 5 felonies / F5 · Class 4 felonies / F4 · Some level 4 drug felonies / DF4 · Level 3 drug felonies / DF3 |
3 years |
| All other eligible offenses | 5 years |
The above table only outlines time periods for convicted offenses. In many cases, the Weld County Court will automatically seal the defendant’s record after court proceedings for a particular case have finished if:
- Charges against him or her were fully dismissed.
- The defendant was acquitted.
- He or she completed a diversion program.
- The defendant agreed to and completed a deferred judgment and sentence.
Some non-convictions are ineligible for sealing, such as deferred judgments and sentences for felony sexual offenses, but most non-conviction records are sealed automatically. Every case is different, so please contact our lawyers with the facts of your case before relying on any information in this blog.
Why Hire a Leading Greeley Criminal Defense Attorney for Record Sealing?
If you believe you are eligible to seal your criminal record in Greeley, it is best to hire a leading Greeley criminal defense attorney to help you with the process. An experienced criminal lawyer can answer your questions about the record sealing process and file motions to the Weld County Court on your behalf. Some record sealing requirements are very detailed and an unusual process may need to be followed. You will likely have to attend a hearing to answer questions regarding your request to seal your criminal record. When you attend this hearing, your lawyer will be present with you and can advocate for you, just as he or she would if you were at a hearing for an active criminal case. This can greatly improve your chances of having your request approved so you can start living a normal life again.
If you think your criminal record is eligible for record sealing, get in contact with a criminal defense lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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