The lingering effect of a criminal record can make it very difficult to find work, achieve professional licensure, obtain security clearance, or even gain admission to college or graduate school. At a time where criminal background checks have become the norm, too many citizens unfortunately continue to suffer the stigma of a felony or misdemeanor arrest long after their case was dismissed or their sentence was successfully completed.
At Samuelson Law, we strongly believe that a past mistake, false allegation, or wrongful arrest should not forever limit a person's future. Thankfully, the law is in agreement and permits eligible citizens to petition to the Court to permanently seal criminal records from public view. Generally speaking, you may be eligible to seal your arrest or criminal record if:
- You were found Not Guilty at trial;
- Your case was dismissed prior to trial;
- You successfully completed a deferred judgment and your case was dismissed at the conclusion of your probationary period; or
- You were convicted of a drug use or drug possession charge that was no more serious than a class 5 felony (by today's standards), you successfully completed your sentence, 10 or more years have passed since you successfully completed your sentence, you have not re-offended, and (under certain circumstances) you have secured the consent of the District Attorney.
It is important to understand that a Colorado criminal record is not sealed automatically under the circumstances outlined above or any other circumstances for that matter. Nothing could be farther from the truth. The Court will only consider sealing a criminal record upon the filing of a formal petition. The proper filing of a petition initiates a civil proceeding in the District Court which is separate and distinct from the underlying criminal case and affords the affected agencies an opportunity to object to the sealing. Once objections have been lodged, the Court will set the matter for a hearing where it will consider evidence and argument and decide whether in its discretion the record should be sealed.
At Samuelson Law, we are proud to help clients put the past permanently in the rear view mirror so that they can make a fresh start, live in the present, and plan for the future without the worry of an old criminal record rearing its ugly head. We also assist clients in expunging juvenile records and adjudications.
If you need help with a petition to seal a criminal record or a motion to expunge a juvenile adjudication, contact us today to schedule a free initial consultation. Do not stand at the bar of justice alone. Count on the trial-tested experience of Samuelson Law.