Colorado Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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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

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).

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.

You may present evidence to the court in writing prior to the hearing and in person at the hearing. On the hearing date the Court will either grant or deny the Petition for Expungement of Records. If the Court grants the Petition, the Court will automatically ?expunge/seal? the juvenile case.

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.

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.

Officials, such as police and lawyers, can still see the sealed criminal record. Victims have certain rights if the record of a crime committed against them is sealed. In Colorado, not all adult criminal records can be sealed. Only specific types of adult criminal records can be sealed.

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.

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Colorado Motion To Seal Juvenile Records