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How Long Do You Have to Wait to Expunge a Criminal Record in Colorado?

Having a criminal record can have long-term consequences, affecting everything from employment opportunities to housing applications. Fortunately, in Colorado, certain criminal records may be eligible for expungement, a process that allows individuals to seal their records from public view. One of the most common questions people ask is: How long do you have to wait to expunge a criminal record in Colorado? The answer depends on the type of offense and whether the case involved an adult or a juvenile.

What Is Expungement?

Expungement is a legal process that allows individuals to have their criminal records sealed, meaning they are no longer accessible to the public or most employers. Once a record is expunged, you are generally permitted to deny that the criminal incident ever occurred, except in certain circumstances, such as applying for a government job or security clearance. In Colorado, expungement is primarily available for juvenile offenses, while adults may seek to have their records sealed, which is a similar but separate process.

However, not all offenses are eligible for expungement, and there are specific waiting periods you must meet before filing a request. Let’s take a closer look at how these waiting periods are structured.

Waiting Period for Expunging Juvenile Records

In Colorado, juvenile records are often easier to expunge than adult criminal records, but the process still involves certain waiting periods. The waiting period for expunging a juvenile record depends on the outcome of the case:

  • Dismissed Cases: If the juvenile case was dismissed, there is no waiting period, and the record can be expunged immediately.
  • Non-Violent Offenses: For most non-violent juvenile offenses, you can apply for expungement after one year has passed since the completion of the case, including probation, diversion programs, or sentencing.
  • Serious Offenses: For more serious juvenile offenses, such as those involving felonies or violent crimes, you may have to wait three years or longer before applying for expungement. Some serious offenses may not be eligible for expungement at all.
  • Juvenile Convictions: If the juvenile was convicted of a felony, the waiting period is generally five years from the completion of the sentence or supervision.

It’s important to note that juvenile records are automatically eligible for expungement in some cases, such as when the juvenile successfully completes a diversion program. However, it is still advisable to work with an attorney to ensure the expungement is processed correctly.

Waiting Period for Sealing Adult Criminal Records

For adults, Colorado law does not use the term "expungement" for criminal records. Instead, adults can petition to have their records sealed, which similarly removes the record from public access. The waiting periods for sealing adult records vary depending on the severity of the offense and the outcome of the case:

  • Dismissed or Acquitted Cases: If your case was dismissed or you were acquitted, there is no waiting period, and you can file to have the record sealed immediately.
  • Petty Offenses or Municipal Violations: For petty offenses or municipal violations, you must wait one year after completing your sentence to file for sealing.
  • Misdemeanors: For misdemeanors, the waiting period is generally two years after the completion of the sentence or probation.
  • Felonies: Felony records typically require a longer waiting period, with most cases requiring three years to five years after sentence completion. Some serious felonies, such as those involving violence, may not be eligible for sealing at all.

It’s important to remember that not all adult offenses are eligible for sealing. Crimes involving violence, sexual offenses, and certain other serious felonies may be excluded from the sealing process. A criminal defense attorney can help you determine whether your record is eligible for sealing and guide you through the process.

Sealing Records for Drug-Related Offenses

In recent years, Colorado has implemented reforms that make it easier to seal records related to drug offenses. The waiting period for drug-related offenses is generally shorter than for other types of crimes. For example:

  • Drug Misdemeanors: Individuals convicted of drug misdemeanors may be eligible to have their records sealed after one year.
  • Drug Felonies: For drug felonies, the waiting period is typically three years after the completion of the sentence or probation.

These reforms are part of a broader effort to help individuals affected by past drug convictions move forward with their lives, particularly in light of changing attitudes toward drug-related crimes.

What Happens After the Waiting Period?

Once you have met the required waiting period for your offense, you can file a petition to expunge (for juveniles) or seal (for adults) your record. This process involves submitting legal paperwork to the court, which will review your case and determine whether you qualify. It’s crucial to gather all necessary documents, including proof of sentence completion, before filing your petition.

If the court grants your request, your record will be sealed or expunged, meaning it will no longer appear in background checks conducted by employers, landlords, or the general public. However, certain government agencies and law enforcement entities may still have access to the sealed records in specific situations.

Why Work with an Attorney?

The process of expunging or sealing a record can be complicated, and it’s essential to get it right the first time. If your petition is denied, you may have to wait even longer before applying again. Working with an experienced attorney can help ensure that you meet all the requirements and that your petition is handled properly.

At Fort Collins Justice, our experienced expungement attorneys are here to guide you through the process and help you understand your options. Whether you’re looking to expunge a juvenile record or seal an adult criminal record, we can help you navigate the legal system and work toward a clean slate. If you need assistance with expunging or sealing a record in Colorado, don’t hesitate to contact us to schedule a consultation and take the first step toward clearing your record.

Helping clients in FORT COLLINS and throughout Northern Colorado.
Address:
419 Canyon Avenue #226
Fort Collins, CO 80521
Copyright © 2024 David H. Johnson (Ligget, Johnson & Goodman, P.C.) - All Rights Reserved.
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