A dismissal means the district attorney said on the record that they were dismissing your case for whatever reason.  Acquittal means you went to trial and the jury found you not guilty.  A deferred prosecution is when the district attorney agrees to continue your case for a period of time while you complete certain conditions (community service, substance abuse treatment, etc.).  If you complete the condition by your next court date, the district attorney dismisses your case.  A deferred judgment and sentence means you pleaded guilty to an offense but the court defers judgment for a period of time, typically one to two years, and during that time you complete some conditions decided by the district attorney.  If you complete the conditions within the time period, your guilty plea is withdrawn and the case is dismissed.  A conviction means you either pleaded guilty and it wasn’t a deferred judgment and sentence or you went to trial and the jury found you guilty.  If your case was dismissed, you were acquitted, you received a deferred prosecution, or you successfully completed a deferred judgment and sentence, you are likely eligible to have your record sealed automatically.

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Colorado law also allows for criminal conviction records to be sealed as well.  To seal a criminal conviction record, you or your attorney must file a motion with the court where the criminal conviction occurred.  See § 24-72-706(1).  For a petty offense, as long as the motion is sufficient on its face and you meet the criteria to seal your record, the court will automatically seal your record.  See § 24-72-706(1)(f)(I).  However, if you are attempting to seal a conviction record for a misdemeanor or felony, you will need to send notice to the district attorney’s office.  If the district attorney objects, the court will set the motion for a hearing.  See § 24-72-706(1)(f)(II); (III).  If the district attorney does not object and you meet all the requirements, the court will grant the motion and seal your record.  See id.  If the court sets a hearing, you will need to prove to the court that the harm to your privacy or the dangers of unwarranted, adverse consequences to you outweigh the public interest in retaining public access to the conviction records.  See § 24-72-706(1)(g).  To determine this, the court will look at the severity of the offense you are sealing, your criminal history, the number of convictions and dates of the convictions for which you are seeking to have the records sealed, and the need for the government agency to retain the records.  See id. 

 

Additionally, there is a waiting period to seal criminal convictions based on the severity of the crime you are seeking to seal.  The following are the waiting periods for each level offense:

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• Petty offense or drug petty offense – one year from the later of the final disposition of criminal proceedings or release from supervision. § 24-72-706(1)(b)(I).

• Class 2 or 3 misdemeanor or any drug misdemeanor – two years from the later of the final disposition of criminal proceedings or release from supervision.  § 24-72-706(1)(b)(II).

• Class 4, 5, or 6 felony; level 3 or 4 drug felony; or class 1 misdemeanor – three years from the later of the final disposition of criminal proceedings or release from supervision.§ 24-72-706(1)(b)(III).

• All other offenses – five years from the later of the final disposition of criminal proceedings or release from supervision.§ 24-72-706(1)(b)(IV).

 

While government agencies and other entities that are authorized to conduct background checks for certain reasons, like if you try to purchase a firearm, can see sealed convictions, sealing arrest records and convictions has huge advantages in housing and employment.  When an employer conducts a background check on a potential employee, any negative information can cost the potential employee the job.  Additionally, many employers do not understand what the difference is between a conviction and being charged with a crime.  A conviction means that you are guilty of the crime beyond a reasonable doubt, while being charged with a crime simply means the police had probable cause that you committed a crime.  In the criminal justice system, there’s a huge difference between these two things.  But, people without legal training do not understand this difference and will consider a record of an arrest the same as being found guilty of a crime even if you were acquitted.  Sealing your case will solve this problem.  Additionally, if you made a mistake years ago and were convicted of a crime, sealing your record will allow you to erase a mistake that does not define you anymore. 

 

If you’re interested in sealing your case, contact the Law Office of Michael Swink today and speak with an attorney who is knowledgeable with Colorado’s sealing laws.