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Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Criminal Record Sealing by Lawyers – Denver Defense Attorneys Can Expunge Arrest Records Too

On Behalf of | Jan 28, 2016 | Record Sealing |

Attorneys Sealing Criminal Records in Denver County, How Do Lawyers do that Under C.R.S. 24-72-702?

Criminal defense lawyers in Denver frequently hear questions of whether a person can have their criminal record sealed.  Regarding record sealing, the law in Colorado can be very confusing when it comes to who and who is not eligible to have their conviction records expunged or sealed.  The first step is to learn your eligibility for this process.  Next, lawyers will file a petition in the District Court where the crime occurred.  For Juvenile expungements, the juvenile court will often handle the case. Read more on Can You Seal Your Criminal Record.

Criminal Record Sealing and Expungment Questions for Douglas County Lawyers

There are a series of questions you need to answer to determine whether you can proceed with trying to have a court hide your criminal background. First, you need to know whether the record you are trying to seal is an adult conviction or a juvenile adjudication. Colorado law states that an expungement and sealing are two different processes, but have two similar results. In Douglas, Elbert, and Arapahoe County, most juvenile records can be expunged while most adult records are not able to be sealed. Once you know if the records are from when you were an adult or not, you can then proceed to the second question.

Where was the Criminal Conviction to have Sealed? Municipal or State of Colorado Courts?

If you were convicted in Aurora, Lakewood, or Parker Municipal Court, the arrest and criminal history can likely be erased. However, if you were convicted in a county or district court like El Paso, Clear Creek, or Summit County, we have to ask more questions before trying to seal or expunge criminal and arrest records. The major question that must be asked is whether the case is dismissed. A dismissal can occur in a few different scenarios. You can have the charges dropped, you could complete a deferred judgment and sentence, you could plead your case out where the end result will be a dismissal of the charges, or you could be acquitted / win at trial. If your case was dismissed, then chances are pretty good you can seal your record, unless it involved sex, where special rules apply.

What was the Charge you Want a Broomfield Defense Lawyer to Expunge or Seal?

In Broomfield and Adams County it is important to know what your charges were for. For example, many charges involving an unlawful sexual act are not sealable while records for other crimes are more likely sealable. Cases involving sex which have a deferred judgment resulting in a dismissal are treated more carefully and the legislature believes the public should always know about them. The dismissal of a sexual assault allegation which does not involve a deferred can generally be sealed. The law is complex, so call our lawyers to learn whether your sexual offense can be sealed. If it was a straight up conviction, it is very rare that such a conviction can ever be sealed.

The Expungment and Sealing Process – Not Always Easy with DA Objections

The questions in this blog may seem rather easy to answer. However, it is the application of the answers and the “how to’s” of the sealing process that many people need to have help with. Our attorneys have handled a wide array of sealing cases. We are so familiar with the process that we are able to seal most all the cases we file. Of course, we don’t file cases which the law prohibits.  Other problems arise with the District Attorney files an objections.  When the DA objects, we usually need to have a hearing, where witnesses can be called and the DA trys to find a statutory reason to prevent the sealing.  Judges are reluctant to do anything which a DA objects to, for fear of future criticism if the defendant later reoffends.

Our experienced criminal defense lawyers will fight to ensure that your background check is clear of any charges that can be sealed or expunged. So, if you might have a record that can be sealed in Colorado, please call us at 303-731-0719. Together, we can protect your future.

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