Get The Help You Need With Expungements And Record Sealing
The U.S. Constitution prohibits cruel and unusual punishment. Unfortunately, however, our society does not. The fact is, employers, schools, organizations, lending institutions and others often continue to punish people with criminal records “unofficially,” long after they have served their sentences.
Can criminal records be expunged in Colorado?
Sometimes a person gets his or herself into a bad situation and ends up being arrested or charged with a crime. This can haunt a person for the rest of his or her life. It can stop people from being able to get jobs, find a place to live and even help out at their child’s school. For this reason, Colorado has made it so some people may be able to seal certain criminal records.
Clearing a criminal record
The process of clearing a criminal record differs from state to state. Terms related to clearing a record also vary. In Colorado, only juveniles can have a criminal record expunged, according to the Colorado Legislative Council. Adults can have records sealed.
There are exceptions for who qualifies to have records sealed. Vehicle related cases and sexual related cases cannot be sealed nor can cases that still have unpaid fines and court costs or other money is still owed on them. Having a record sealed can be done by anyone who has an arrest record even without actual charges having been filed, had a case against them dismissed or in some circumstances by people who have been convicted of a crime.
It is important to note that sealing a record does not mean it goes completely away. That would be what happens in expungement, which is only open to minors. Sealing a record still makes it accessible to law enforcement, courts and any agency that is required by law to conduct a criminal background check.
In most cases, a person must wait until ten years after he or she has completed the court sanctioned requirements, such as probation or jail time, or after the case has been dismissed before being eligible to have his or her record sealed. In addition, the person must have a clean criminal record since then. The ten-year waiting period may not apply to some drug charges.
Steps to take
A person who wants to seal his or her criminal record must first file a petition with the court, along with any required fees, according to the Colorado Judicial Branch. This must be done in the county in which the criminal conviction, arrest or situation occurred in. The filing and court process may differ for those who have an actual conviction on their record.
Trying to clear a criminal record of any type can be difficult. The law is very specific, making the process somewhat confusing at times. If you need assistance, you might want to contact Shazam Kianpour & Associates, P.C.
Discontinuing Sex Offender Registration
Colorado law allows certain sex offenders who meet particular standards and who have not been deemed sexually violent predators to stop registering as sex offenders after a certain amount of time. Attorney Shazam Kianpour can review your case to determine whether you are eligible and help you navigate the process of filing your petition.
The Beginning of the Solution
To learn more about sealing criminal records in Colorado or your eligibility for SOR discontinuation, call attorney Shazam Kianpour at the firm’s 24-hour telephone number or contact him by e-mail to schedule an initial consultation.