Today we’re going to discuss a few legal terms which are commonly used in the court system. The first is: “Sealing,” which is used in adult criminal cases, and the second is called: “Expungement,” which is used in juvenile criminal cases. What are the differences between these two terms related to the sealing of criminal records?
Rules for Sealing Adult Criminal Records
There are a few factors which must be present in order for an adult criminal record to be sealed in Fort Collins, Loveland, and Estes Park. The case must have been resolved in one of these five ways:
- No charges being filed after an arrest
- An outright dismissal of the case
- Successful completion of a deferred prosecution or deferred judgment
- A conviction of a municipal case or a petty offense (after three years, and if no other convictions have occurred since the original conviction you want to seal)
- A conviction was entered for certain charges, and the specific amount of time has passed.
These rules are general. There are many specific laws, procedure, and rules, such as the ability to seal some drug possession convictions (but not drug distribution convictions) after a certain amount of time. Some felony sexual offenses can’t be sealed – even after completing a successful deferred judgment.
Rules for Expunging Juvenile Criminal Records
Here are the general rules regarding expungement in Colorado. A criminal record can be expunged if the case ended in one of these three ways:
- Not guilty at an adjudicatory trial
- Dismissal of the petition
- Successful completion of a deferred adjudication, informal adjustment, or diversion program
There are a few juvenile cases which can never be expunged. These are:
- Violent juvenile offenders
- Direct filing cases (where the juvenile was tried as an adult)
- Aggravated juvenile offenders
- Crimes involving unlawful sexual behavior
- Cases where restitution hasn’t been paid to the victim
In Larimer, Broomfield, and Grand County, the legal system labels juvenile convictions as “adjudications” instead of convictions. Although an adjudication is civil in nature, this term fails to comprehend the negative effects of adjudication on everyday life. The public, employers, and landlords see adjudications the same as convictions – they still have a negative perspective against the person who committed the crime. This negative opinion is why it is crucial for a juvenile’s future to have adjudications expunged.
Sealing and Expungement are Crucial for a Bright Future
People don’t have a good opinion about those who have been convicted or adjudicated of crimes in Fort Collins, Loveland, or Johnstown. Employers often won’t hire job applicants after background checks, and landlords often refuse to rent to those with criminal records. Sealing and expungement provide people with a way to get a fresh start and move forward with a clean slate. The rules are complicated, however. This is why it is important to work with an experienced criminal defense attorney who will guide you through the steps you need to get a second chance.