Colorado Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed
  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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FAQ

A person may petition the court to seal his/her own records by filing a petition with the District/County/Muni court where the arrest and/or criminal records are filed. Please review Colorado State Statute (C.R.S.) 24-72-703 to see the qualification for sealing a record.

Hisey said. "That brings stability to the family, they have access to better housing." The Clean Slate Act means that a petty offense will be automatically sealed four years after the charge, seven years for a misdemeanor offense, and ten years for a felony offense.

Expungement is the actual destruction of criminal records. In Colorado, expungement only applies to an underage drinking and driving conviction or a juvenile criminal offense. Record sealing is the only option for most people to keep their criminal records from public view.

Level one drug felonies, class one, class two, or class three felonies cannot be sealed. Level two drug felonies can be sealed after five years and classes after that can be sealed after three years. Felony convictions of sexual assault, domestic violence, or DUIs cannot be sealed.

Certain juvenile records are not eligible for expungement if they contain the following: Adjudication as a violent sex offender or an aggravated juvenile offender. Conviction for a traffic offense or infraction. Conviction for a felony sex offense. Conviction for homicide or a comparable offense.

Conversely, sealing records keeps the records alive but limits the access to only prosecutors and other government agencies ? and only under rare circumstances. In other words, having your record sealed means that the record still exists, but will not show up in most public records and background checks.

New CRS § 24-72-710 allows a defendant to petition to seal conviction records pertaining to the defendant's conviction for any offenses that received a full and unconditional pardon. Notice to the district attorney is required, and the district attorney may object to the petition and request a hearing.

No. The records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this is occurs only in exceptional circumstances and normally requires a court order or statutory authorization.

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Colorado Motion to Expunge Criminal Offender Record due to Charges having been Dismissed