In Weld County and across Colorado, lawmakers have made positive steps in allowing more and more criminal records to be sealed. While there will always be certain convictions that will never be eligible for sealing, what might not have been sealable in the past, may now be eligible for sealing in Greeley. Criminal cases that result in one of four very specific resolutions are REQUIRED to be sealed, in fact. Let’s take a closer look at which types of cases are required to be sealed.
Sealing Non-Conviction Records in Milliken and Windsor
There are four types of resolutions for criminal cases that are considered ‘non-conviction’ resolutions. Located under C.R.S. 24-72-705 – Sealing Criminal Justice Records Other Than Convictions – they are:
- The case is completely dismissed;
- The defendant is found not guilty at trial;
- The defendant participates in and completes a diversion agreement;
- The defendant completes a deferred judgement and sentence.
Diversion is a program that some counties offer, where the defendant does not ever have to enter a plea. Instead, they agree to participate in the diversion program, where classes, treatment, and/or community service may be required. Diversion will determine the appropriate time to complete the requirements and the Court will set a review date to confirm if the defendant has completed everything necessary. If they have, then the case is dismissed without the defendant ever having to say they are guilty.
A deferred judgement and sentence works a little differently. It is a temporary conviction. The defendant has to plead guilty to a charge and then be put on probation for a period of time. As long as the defendant does everything required of them through probation, then at the end of their deferred judgement period, the judge will withdraw the guilty plea and dismiss the case. If the defendant does not successfully complete their sentence, the guilty plea may become permanent.
Automatic Record Sealing Process in Morgan County
If your case falls into one of the four above categories, then your case is eligible for automatic sealing. This means you do not have to file a separate motion to have the case sealed. However, sometimes things fall through the cracks and the automatic sealing process is not initiated. Seeing as the automatic process is relatively new, older cases that are eligible for sealing were not automatically sealed and may need the simplified motion filed to get the record sealed. If your case aligns with one in the list above, the judge does not have any discretion is granting the sealing. The statute specifically says ‘the court shall order the defendant’s criminal justice record sealed.’
If you or someone you love has a criminal record and you want to know if it’s eligible for sealing, contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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