February 22, 2016
All criminal court records are open to the public. This means that anyone can go to the records department at the local court house and research whether someone has been charged and/or convicted of a crime. The great news is the you maybe eligible to have your case sealed. Sealing your case is when a court file is unseen from the general public.
How do I know if I am eligible to seal my case?
The following Colorado Revised Statues are researched by the law firm of Black and Graham to verify whether you are eligible to file a Petition to Seal:
· Sealing of Arrest and Criminal Records Other than Convictions, C.R.S. 24-72-702;
· Sealing of Criminal Conviction Records, C.R.S. 24-72-703;
· Sealing of Criminal Conviction Records Involving Controlled Substances, C.R.S. 24-72-704 and 24-705;
· Sealing of Criminal Conviction Records Involving Petty Offenses and Municipal Offenses, 24-72-708;
· Expungement of Juvenile Records, C.R.S. 19-1-306;
· Sealing Underage Alcohol, C.R.S. 18-13-122.
How does the firm of Black and Graham seal your case?
By petitioning the Court and explaining why the petitioner (you) believe that sealing your case is necessary and that it adversely affects your lifestyle. Does the reason outweighs the public interest in retaining your records? If you are able to provide considerable reasons for the request to seal your case then filing a petition may be right.
Ultimately, meeting with an attorney from Black and Graham is helpful to explore and discuss what prejudice you face because of your prior conviction. Failure to demonstrate prejudice would cause the Court to deny your request to seal your case. A denial would mean that the Court finds no reason to have your case sealed.
Sometimes waiting to seal your case is preferred, and advantageous. Discussing and understanding the sealing process is important as there may be limitations on the types of convictions that may be sealed and understanding the applicable laws could guide you in preparing the appropriate petition and also whether to anticipate the judge granting you relief or denying your petition.
When assisting clients with the potential sealing of their records, our firm researches where you were charged and convicted, and petition the District Court by filing a civil case in the county in which your criminal arrest and/or criminal records are filed. This applies to Petitions to Seal Municipal Court cases matters too.
Upon the filing of a petition, the court would review the petition and determine whether the petition is proper and necessary.
The process may be long and perplexing. Scheduling an initial consultation with one of our veteran defense attorneys to evaluate your prior case may be worthwhile! Call me today at (719) 328-1616, to schedule your initial consultation. We look forward to hearing from you!