Colorado Motion to Seal Records and Documents

State:
Multi-State
Control #:
US-03331BG
Format:
Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

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.

Record sealing after a deferred judgment and conviction After completing the deferred sentencing conditions, your records are eligible to be sealed. However, sealing your records is not automatic. After completing the terms of your deferred sentence you will have to petition to seal your records.

Sealing a record makes it invisible to the public, but law enforcement still has access. 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.

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.

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.

Sealing a Colorado conviction costs $65. Colorado courts charge a fee of: $65 for sealing a conviction; $224 for sealing multiple convictions or for sealing an arrest record that resulted in no charges; and no fee for sealing a case that resulted in a dismissal or acquittal.

Ing to Colorado law, any person may ask the court to seal their criminal records if one of the following things happened: They were arrested, but no charges were filed. They were arrested, but charges were dropped. They were arrested, but they were officially told they were not guilty (acquitted).

How do I seal my records? Colorado record to be sealed or expungedForm and Filing costArrest records with no chargesJDF 417 ? $224Dismissals or acquittalsJDF 477 ? freeOne convictionJDF 612 ? $65Multiple convictionsJDF 641 ? $2242 more rows ?

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Colorado Motion to Seal Records and Documents