Marshall R. Sumrall, Cortez Attorney

Marshall R. Sumrall, Cortez Attorney

Serving Cortez, Durango, and Pagosa Springs
Contact Online | Payments

1423 East Main Street #155
Cortez, Colorado 81321
Phone: (970) 403-5385
Fax: (815) 301-8436


Expungement/Sealing of Criminal Records in Colorado*

Updated for August 7, 2013 legislative changes. Rules are subject to change. See C.R.S. §24-72-308 for the the most current rules on sealing criminal records.

Can I have my criminal record sealed?

Criminal Record

It depends on a number of factors including the type of crime you were arrested for, whether or not you were convicted, whether the charges were dismissed as part of a plea bargain, and how much time has passed. You may petition the court to seal a criminal record if:

- You were arrested but not charged and the statute of limitations has run
- You were charged with a crime, granted a deferred judgment, and successfully completed the terms of your deferred judgment/probation
- The case was dismissed, or
- You were acquitted
- Some convictions may be sealed, but they are limited (see below “Can I have my criminal record sealed if I was convicted?”)

When are you not eligible to have a record sealed?

There are a number of circumstances that could make you ineligible to have your record sealed. You may not have your record sealed if:

- You were arrested but an offense was not charged because you accepted a plea bargain in a separate case (You are eligible after the statute of limitations has run)
- The dismissal of the case was part of a plea bargain in a separate case (You will be eligible to have the record sealed ten years after the final disposition of all criminal proceedings against you, if you have not been charged with another crime in those ten years)
- You still owe restitution, fines, court costs, late fees, or other fees ordered by the court (unless the court vacates that order)
- The offense pertains to a class 1 or class 2 misdemeanor traffic offense, or to a class A or class B traffic infraction, or a conviction for a violation of Driving Under the Influence
- You were convicted of an offense concerning the holder of a commercial driver’s license or the operator of a commercial motor vehicle.
- You were convicted of DUI or DWAI
- Records pertaining to a conviction for unlawful sexual behavior may not be sealed, including sexual assault, unlawful sexual contact, incest, anything sexual involving a child, sexual exploitation, indecent exposure, sexual conduct in a correctional institute, public indecency, and invasion of privacy for sexual gratification, or criminal attempt, conspiracy, or solicitation to commit any of those offenses.

How often can I file to have my criminal record sealed?

You may file to have your record sealed once a year.

Can I have my criminal record sealed if I was convicted?

Criminal Record

Generally no, with a few exceptions for drug offenses, petty or municipal offenses, and victims of human trafficking listed below. If you do not fit into one of these exceptions, you may be eligible to petition the court for other relief that will allow you to get a job, housing, etc. In some cases this relief may be the equivalent of having your record sealed. If you were convicted of a crime you should speak to an attorney about your options.

If you were convicted of a drug charge before July 1, 2008 you may seal the record if:

- Ten years have passed since the final disposition of the case,
- You have not been convicted of a crime in those ten years,
- The prosecutor does not object, and
- It was a petty offense or misdemeanor drug charge, or
- It was a class 5 or 6 felony drug charge (except for sale, manufacturing, or dispensing of a controlled substance; attempt or conspiracy to commit the sale, manufacturing, or dispensing of a controlled substance; or possession with the intent to manufacture, dispense, or sell a controlled substance)

If you were convicted of a drug charge on or after July 1, 2008, but before July 1, 2011, you may have the record sealed if:

- Ten years have passed since the final disposition of the case, and
- You have not been convicted of a crime in those ten years, and
- It was a petty offense or misdemeanor drug charge, or
- It was a class 5 or 6 felony drug charge (except for sale, manufacturing, or dispensing of a controlled substance; attempt or conspiracy to commit the sale, manufacturing, or dispensing of a controlled substance; or possession with the intent to manufacture, dispense, or sell a controlled substance)

If you were convicted of a drug charge on or after July 1, 2011, you may have the record sealed if:

- It was a petty offense, municipal offense, or class 2 or 3 misdemeanor, and three years have passed since the final disposition of the case, and you have not been convicted of a crime in those three years.
- It was a class 1 misdemeanor, five years have passed since the final disposition of the case, and you have not been convicted of a crime in those five years.
- It was a class 5 or 6 felony, seven years have passed since the final disposition of the case, and you have not been convicted of a crime in those seven years
- For all other felony drug offenses you may petition the court ten years after the final disposition of the case if you have not been convicted of a crime in those ten years

If you were a victim of human trafficking and were convicted of a crime such as prostitution or other crimes specified by statute, in connection with the human trafficking, you may petition the court to seal the record.

If you were convicted of a petty offense or municipal offense (usually just a citation) you may petition the court to seal the record.

What happens when you file to have your record sealed?

The judge may approve the petition and order the record sealed. If the prosecutor objects or if the judge wishes to have more information a hearing will be scheduled and you will have an opportunity to present evidence as to why your petition should be granted. The prosecutor will have an opportunity to oppose your petition. You want to be represented by an attorney that understands the law connected with your case, and what factors the court will evaluate in determining whether or not to grant your petition. Marshall R. Sumrall will file your petition to seal a criminal record and represent you in court for a flat fee.

 

*The information on this website is not legal advice and it is not a substitute for the advice of an attorney. Contacting Marshall R. Sumrall does not create an attorney-client relationship. An attorney-client relationship is only formed when a retainer or fee agreement is signed.

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