At Ready Law, we help clients who seek to have a prior conviction or arrest record sealed.
Does My Case Qualify?
Colorado statutes governing the sealing of conviction or arrest records can be convoluted, and it can be very difficult for someone to understand whether their particular case qualifies. There are general rules governing which offenses qualify, and which do not. However, there are then many exceptions for specific offenses, and different options available depending on the outcome of the case. The date of the offense and the date of completion of any associated sentence may also make all the difference to whether a particular record qualifies for sealing. Due to the complexity of the statutes governing sealing, it is best to simply contact an attorney, answer a few questions about what it is you want to have sealed, and see if your specific record qualifies.
Hearing Before a Judge Likely In Most Cases
If a particular arrest or conviction record does qualify for sealing, there is no guarantee any request to seal will be granted. Many courts will require a hearing on the issue of whether a particular record should be sealed before granting the request. Usually the purpose of this hearing is to weigh the burden of the criminal record’s impact on the individual against the public benefit of the information continuing to be available. If a request to seal a record is granted, it is important to know that the record will always be available to the court and law enforcement agencies, regardless of sealing.
Sealing the Records
Once a request to seal a record is granted, the person seeking the sealing is then responsible for notifying each and every law enforcement and government agency of the court’s order to seal. Failure to notify any agency of an order to seal will mean the information remains publicly available from that agency to the same extent it was before the request to seal was filed.
Attorney Vernon Ready helps clients determine whether a potential record qualifies for sealing, and then helps qualifying clients through the process of the request and sealing of those records, include sending all the required notices of any orders to seal. If you are considering having an arrest or conviction record sealed, call our office for a consultation.