If you been charged with a crime in Greeley / Weld County, you likely know that having that black mark on your record can negatively affect you for years. Whether it prevent you from living in certain places, volunteering at your child’s school, or getting the job you are qualified for, the existence of the record can be overly harmful. Luckily, it seems Colorado lawmakers agree and a new act, the Clean Slate Act will automatically seal over 100,000 criminal records. Sounds great, in theory, but we will just have to see how the execution goes.
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Navigate this blog: What Records Are Being Sealed? |
What Records Are Being Sealed?
In Milliken and Johnstown, only nonviolent offenses are eligible for automatic sealing. Most of the eligible cases are misdemeanor or petty offenses, but a few felonies also make the cut. The misdemeanors must be at least 7 years old and felonies must be 10 years old. The cases eligible cannot be related to domestic violence, child abuse, or a sexual offense. Also, traffic cases, DUI / DWAI cases, and cruelty to animals will not be able to be sealed.
How Does the Clean Slate Act Work for My Greeley Criminal Case?
The Colorado Judicial Department ran a report and apparently, over 140,000 cases are eligible for automatic sealing. According to the article, the Judicial Department will run a report four times per year and the cases will be reviewed by the DA’s in each region. They will have 45 days to object if they do not feel the case should be sealed. If no objection is made, the court will seal the record and every agency with records, including the CBI, will be notified and ordered to seal their existing records.
Is My Eaton Criminal Record Going to Be Sealed?
You may have been told that your record was not eligible to be sealed when you entered your plea. Often, the law regarding sealing change and lately, they have changed for the better to allow more people some relief from a past mistake. But, if you are not checking to see about those changes and researching whether they affect you, than it’s likely you don’t know that your situation has changed and you can now have the record sealed. While the idea of automatic sealing sounds great, the logistics seem overwhelming. It’s unknown if you will be notified that your record is sealed. There is also no real understanding of when your particular case will make it on the quarterly list for sealing. Plus, what if the DA objects? Do you get to make an argument or is it just simply not eligible anymore? Also, there may be a much quicker timeline if you file a motion to seal without waiting for the automatic process. For most misdemeanors eligible for sealing, you do not need to wait 7 years. The timeline is shorter than that.