A criminal record can follow you long after you’ve served your time, paid your fines, and moved on with your life. It can cost you a job offer, a housing application, a professional license, or even a loan. If you’re one of the thousands of Larimer County residents with a past arrest or conviction on your record, you may be wondering: is there a way to clean this up?
The answer, in many cases, is yes! It is done through a legal process called record sealing.
As Fort Collins criminal defense attorneys, we help clients navigate Colorado’s record sealing laws every day. Here’s what you need to know.
Larimer County Record Sealing Attorney: What Does “Sealing” a Record Actually Mean?
When a criminal record is sealed in Colorado, it is hidden from public view. Background check companies, employers, landlords, and most licensing boards will no longer be able to see it. You can also legally answer “no” when asked on most applications whether you have been arrested or convicted of a crime.
Sealed records are not destroyed. They still exist and can be accessed by law enforcement, prosecutors, and courts under certain circumstances. But for the vast majority of everyday purposes, a sealed record is as good as gone.
Record Sealing Lawyer in Loveland: Who Qualifies for Record Sealing in Colorado?
Colorado has expanded its record sealing laws significantly in recent years, and many more people now qualify than you might expect. Here’s a general breakdown:
Arrests That Didn’t Lead to Conviction
If you were arrested but charges were never filed, were dismissed, or resulted in an acquittal, you may be eligible to have your record sealed and in many cases, you can petition immediately. This is one of the most straightforward categories, and there’s no reason to wait.
Petty Offenses and Misdemeanors
Many misdemeanor convictions can be sealed after a waiting period, typically one to three years from the date your case concluded, provided you haven’t reoffended. This includes a wide range of charges, from minor drug offenses to low-level theft.
Drug Convictions
Colorado has some of the most favorable drug record sealing laws in the country. Many drug petty offenses and misdemeanors can be sealed after just one year, and some drug felonies may also qualify depending on the charge and circumstances. If your conviction involved a substance that has since been legalized or reclassified, such as marijuana, you may have additional options.
Felony Convictions
Certain class 4, 5, and 6 felonies, particularly nonviolent offenses, can be sealed after a waiting period of three years. However, not all felonies qualify. Crimes involving violence, sexual offenses, and offenses requiring sex offender registration are generally not eligible.
Automatic Sealing
Colorado law now provides for automatic sealing of some records. This means you may already be eligible and not even know it. Or your record may have already been sealed without any action on your part.
What Records Cannot Be Sealed? A Fort Collins Record Sealing Attorney Explains
Not everything qualifies. In Colorado, the following are generally not eligible for sealing:
- Class 1, 2, and 3 felonies
- Crimes involving unlawful sexual behavior
- Domestic violence convictions (in most cases)
- Crimes against children
- Traffic offenses, including DUI/DWAI convictions
- Certain VRA (victim rights’ act) crimes
If you’ve been convicted of one of these, your options may be more limited, but it’s still worth speaking with an attorney.
The Record Sealing Process in Larimer County
Filing for record sealing in Colorado requires submitting a motion or petition to the district court in the county where your case was handled. For most Fort Collins residents, that’s the Larimer County District Court or Larimer County Court.
The process involves gathering your case information, paying a filing fee (which is waived in some circumstances), notifying the prosecution, and potentially attending a hearing. Prosecutors have the right to object, and a judge will ultimately decide whether sealing is in the interest of justice.
Getting the paperwork right the first time matters. Errors in a sealing petition can lead to delays, rejections, or missed opportunities. That’s why having an experienced attorney handle the process is almost always worth it.
Don’t Wait to Find Out If You Qualify: Contact the O’Malley Law Office Today!
Colorado law continues to evolve in favor of giving people a second chance. If you have an old arrest or conviction on your record, whether from your time in Fort Collins, your college years at CSU, or somewhere else in the state, it’s worth finding out whether you’re eligible to seal it.
A sealed record can open doors that have been closed for years. The process takes time, but the result can be life-changing.
If you are interested in record sealing related to your Colorado criminal case, contact the best record sealing attorneys from the O’Malley Law Office at 970-658-0007 for a free initial consultation. Together, we can protect your future.
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