In Colorado, an expungement is a legal process that allows individuals to clear or seal their criminal records under certain conditions. The importance of expungement cannot be overstated, as it offers individuals a second chance to move forward in life without the shadow of a past criminal record hindering their opportunities. Whether it’s securing employment, applying for housing, or restoring lost rights, expungement can be a valuable legal remedy for those who meet the criteria.
However, it’s important to understand that not all criminal records qualify for expungement, and the process itself requires a careful review of various factors. This article will explore what expungement is, who is eligible for it, the process involved, and the potential benefits and limitations. If you’re considering expungement in Colorado, this guide will provide you with essential information to make an informed decision.
What is Expungement 
Expungement refers to the legal procedure where a person’s criminal record is either sealed or erased entirely from public view. In Colorado, the process is governed by state law, and not all offenses are eligible for this action. While some individuals may only have their records sealed, meaning that the conviction is not available for public view but may still be accessible to certain agencies, others may have their records completely expunged, which means that the conviction is permanently erased.
The intent of expungement is to allow individuals who have made positive life changes to move forward without their past mistakes affecting their future. Expungement can have a significant impact on someone’s life by helping them access employment, housing, and other opportunities that may otherwise be closed to them due to a criminal history.
Eligibility for Expungement in Colorado
Not everyone with a criminal conviction in Colorado is eligible for expungement. The state sets strict guidelines on which crimes can be expunged and under what circumstances. There are various factors that will determine whether an individual can apply for expungement:
Type of Conviction
The nature of the conviction plays a major role in determining eligibility for expungement. Generally, serious crimes, particularly violent felonies, are not eligible for expungement. Certain lesser offenses, such as misdemeanors and some nonviolent felonies, may qualify for sealing or expungement depending on other factors. Additionally, drug-related offenses and convictions related to driving under the influence may also be subject to different rules when it comes to eligibility.
Time Since Completion of Sentence
In Colorado, the length of time that must pass before an individual can apply for expungement depends on the type of conviction. Generally, for a person to be eligible for expungement, a certain number of years must have passed since they completed their sentence, which could include serving a jail sentence, completing probation, or finishing parole. In many cases, a waiting period of several years is required to ensure that the individual has demonstrated rehabilitation and does not have ongoing legal issues.
No New Criminal Charges
In addition to meeting the other criteria, the individual seeking expungement must not have any current criminal charges or open cases. This includes not being involved in the criminal justice system, whether through pending charges, probation, or parole. The individual must show that they are not a repeat offender and that they are committed to maintaining a law-abiding lifestyle.
The Expungement Process in Colorado
The process of expunging a criminal record in Colorado involves several steps. Here is an overview of what you can expect if you decide to pursue expungement.
Step 1 Filing the Petition
The first step is to file a petition for expungement with the appropriate court. This petition must include details about your conviction and your eligibility for expungement. It is essential to provide all necessary documentation, such as proof of completing your sentence, evidence of rehabilitation, and any other supporting materials.
Step 2 Court Review and Hearing
Once the petition is filed, the court will review the petition to determine whether you meet the eligibility requirements. In some cases, the court may schedule a hearing where both the petitioner (the person seeking expungement) and the prosecution will have the opportunity to present their case. At the hearing, the judge will evaluate the information presented and decide whether expungement is warranted.
Step 3 Court Decision
If the judge agrees that the individual is eligible for expungement, they will issue an order to either seal or expunge the criminal record. It’s important to understand that while most eligible records are sealed, in some instances, the judge may issue a complete expungement, effectively erasing the conviction from public databases.
Benefits of Expungement
The benefits of expungement are far-reaching and can have a profound impact on a person’s future. Here are some of the key advantages:
Employment Opportunities
One of the most significant benefits of expungement is the ability to secure employment. Many employers conduct background checks before hiring employees, and a criminal record can be a barrier to finding work. Expunging or sealing a criminal record can make it easier to obtain employment, as the conviction will no longer show up in standard background checks. This is especially important for those who want to put their past mistakes behind them and move forward in their careers.
Housing Opportunities
Just like employers, landlords often perform background checks when renting out properties. A criminal record can make it difficult for individuals to secure housing, especially for those with felony convictions. By expunging a criminal record, individuals increase their chances of being approved for rental applications, as landlords may be more willing to rent to those with sealed or expunged records.
Restoration of Rights
Expungement can also restore certain legal rights that were lost due to a criminal conviction. For example, a person whose rights were restricted due to a felony conviction, such as the right to own firearms, may have those rights reinstated once their record is expunged. This can have a positive effect on an individual’s sense of freedom and autonomy.
Limitations of Expungement
While expungement offers many benefits, there are some important limitations to consider. Understanding these limitations can help you better manage your expectations as you navigate the process.
Not All Records Can Be Expunged
Certain types of criminal records, such as convictions for serious felonies or violent crimes, are not eligible for expungement in Colorado. Even for eligible offenses, there may be additional restrictions based on the nature of the conviction or the time that has passed since the sentence was completed.
The Process Can Be Costly
While some individuals may be able to complete the expungement process on their own, many will require legal assistance. Legal fees, filing costs, and other expenses associated with expungement can add up, making the process costly for some individuals. It’s essential to understand the financial implications before deciding to pursue expungement.
Expungement Doesn’t Guarantee Complete Privacy
Although expungement may seal your record from public view, it doesn’t guarantee that your criminal record will be entirely erased from all databases. Certain government agencies, such as law enforcement or courts, may still have access to sealed records, and in some cases, the record may appear in certain background checks.
Expungement offers an opportunity for individuals in Colorado to clear their criminal records and regain a sense of freedom. The process can be life-changing for those who meet the eligibility requirements, providing better opportunities for employment, housing, and restored rights. However, it is important to carefully assess your eligibility and understand the limitations of expungement before proceeding.
If you’re considering expungement, it’s crucial to consult with an experienced attorney who can guide you through the process and help ensure the best possible outcome. At Hebets & McCallin P.C., we offer free consultations and can help you understand your options. Contact us today to learn more about whether you qualify for expungement and how we can assist you.