This year, Colorado lawmakers took a step in the right direction when it comes to sealing a criminal record. They updated the law to allow for those with certain convictions to seal their record. Previously, most convictions were not sealable. You were able to seal your record if your case was dismissed, you were acquitted of the charges at trial, you completed a diversion program, or you completed a deferred judgement. And these rules only applied to cases that were not related to Driving Under the Influence or Driving While Ability Impaired; a CDL offense; a class 1 or class 2 misdemeanor traffic offense; a class A or class B traffic infraction; or an offense involving unlawful sexual behavior. Let’s look at how the law has changed to see if you may now be eligible to have your record sealed.
Attorney for Sealing a Criminal Record in Larimer County: What Are the New Record Sealing Rules?
Certain convictions are now eligible for sealing. Meaning, if you pled guilty to a crime, you might be able to seal your record after a certain amount of time has passed. According to the new record sealing process found at C.R.S. 24-72-706, here is the schedule for eligibility to have a record sealed:
|
Offense Level |
Timeline |
| Petty Offense | One year after the date of final disposition or release from supervision |
| Drug Petty Offense | One year after the date of final disposition or release from supervision |
| Class 2 or Class 3 Misdemeanor | Two years after the date of final disposition or release from supervision |
| Any Drug Misdemeanor | Two years after the date of final disposition or release from supervision |
| Class 1 Misdemeanor | Three years after the date of final disposition or release from supervision |
| Class 4, Class 5, or Class 6 Felony | Three years after the date of final disposition or release from supervision |
| Level 3 or Level 4 Drug Felony | Three years after the date of final disposition or release from supervision |
| Any other offense | Five years after the date of final disposition or release from supervision |
Exceptions to the New Record Sealing Law in Loveland and Estes Park
Now, you wouldn’t actually think that it would be just so simple, right? Of course not all offenses are eligible for sealing. In fact, there are quite a few exceptions. The following convictions are not sealable:
- Class 1 or class 2 misdemeanor traffic offense
- Class A or Class B traffic infraction
- DUI or DWAI
- An offense involving unlawful sexual behavior
- Child Abuse
- Sentence for a crime involving extraordinary aggravating circumstances
- Sentence for an extraordinary risk crime
- Sentence for a crime involving a pregnant victim
- Sentence for crime pertaining to special offender
- An offense involving domestic violence
- Sentence for a crime of violence
- Sentence for a felony crime listed under C.R.S. 24-4.1-302
- Cruelty to Animals
- Any Class 1, Class 2, or Class 3 Felony
- Level 1 Drug Felony
- Identity Theft
- Pandering
The law regarding record sealing is complicated. If you are wondering if you would be eligible to have your criminal conviction sealed under these new provisions, contact our experienced law firm. We can review your criminal history to determine if your case is eligible to be sealed and help you through the process if it is.
If you are wanting to seal your criminal record, contact the knowledgeable attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free consultation. Together, we can protect your future.
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