A criminal record can interfere with the ability to obtain certain types of jobs and even make it difficult to be approved for housing in some cases. Even if you have never been convicted, any record of arrest or criminal charges could potentially have adverse consequences in several areas of your life. A Colorado Front Range expungement and sealing lawyer could help determine if your criminal record may be eligible for relief.
Expunging or sealing a criminal record means the arrest will no longer be available to be viewed by the public, and through a background or criminal history check. Sealing applies to adult cases, convictions, criminal records, or arrest records. Expungement is the Colorado term used when such records occurred while the offender was under the age of 18. There is a process that must be followed when requesting to have a record expunged or sealed. Justie and Jenn at Nicol Gersch can assist you with the process of filing a request for sealing your criminal record.
Requests to expunge or seal criminal records can be made for several reasons in the Colorado Front Range. Records that are eligible for expungement include:
Almost all deferred judgments or alternative sentence arrangements may also be eligible for expungement. Additionally, participation in and completion of a court-approved diversion program could also qualify an individual to have a specific arrest or charge expunged. A diligent Colorado Front Range expungement and sealing attorney determine if an individual’ criminal record is eligible to be sealed. Keep in mind that many of these cases may have a timing component, as well (i.e. not able to seal until ten years have passed), but not all. It is important to discuss whether you are eligible to seal or expunge your record now or later.
Individuals who were adjudicated as a juvenile delinquent could request to have any records associated with that offense expunged—even convictions. Once the record is expunged, the law states that an individual can legally assert he or she has no juvenile delinquency record. Further, the law states that an individual can also lawfully deny ever being arrested, charged, convicted, adjudicated, or sentenced with regard to the expunged item.
Expungement of delinquent records does not necessarily have to be initiated by the juvenile. Colorado Revised Statutes § Section 19-1-306 of the Colorado Revised Statutes specifies that a parent or guardian, the juvenile probation department, or the court has the authority to initiate expungement proceedings for a juvenile who was under the court’s jurisdiction. An experienced sealing and expungement lawyer at Nicol Gersch Law could answer questions about the process for expunging a juvenile’s criminal record.
Sealing or expunging eligible hits on your criminal record could benefit you in several ways. Sealed/ expunged items will be removed from the criminal record and no longer available to the public, which can be beneficial when applying for employment, public benefits, or housing, for example. It is also helpful in the event that you ever get in trouble with the law again, since the sealed or expunged records usually can’t be used against you without a hearing being conducted and the matter(s) reopened.
A Colorado Front Range expungement and sealing lawyer could assist you with the process of filing to have specific items expunged from your record. Be aware that you are only allowed to petition to seal or expunge your records a few times, and if you mess it up, you may be forced to wait much longer to re-apply. An attorney could ensure all the appropriate forms are completed and properly filed the first time around.
Schedule a consultation with Jenn and Justie at Nicol Gersch Law today to learn about your legal options.