Expungement Attorney Denver

Criminal records are intended to alert others to the fact that you have engaged in criminal activity in the past. They are essentially a permanent scarlet letter that one must carry around for the rest of their life. While many people understand this, they typically believe that it only applies to people who have been convicted of their crimes. This is not the case. The second you are arrested or charged with a crime, the incident goes onto your permanent criminal record. Of course, should you be convicted, that will go on there as well. The same applies if you are acquitted or even if your case is dropped or completely dismissed.

Put another way, even if you are wrongfully arrested and your lawyer is able to convince the prosecutor that you do not deserve to be charged, allowing you to get back to your life more or less immediately, there will still be a record of your arrest. A record that anyone who conducts a background check on you will be able to see: employers, landlords, banks, prospective romantic partners, and more. 

Thankfully, with the help of an experienced Denver expungement attorney, there is a way to remove certain offenses from your criminal record. To learn more about criminal record expungement and sealing in Colorado, call WeedenLaw at (720) 307-4330 or reach out online to schedule a free consultation with Attorney Jeff Weeden today.

What is Criminal Record Expungement?

The process of erasing arrest and conviction records is what is known in the legal world as expungement. Nearly every state has passed legislation allowing qualified persons to have their arrests and convictions expunged from their records. Though the specifics vary by jurisdiction, most states’ laws provide that an arrest or conviction must not be made public once it has been erased. 

Expungement vs Record Sealing: What’s the Difference?

In Colorado, expungement is only applicable to juvenile records. However, that is not to say adult offenses are ineligible for erasure. Rather, the process for “erasing” an adult criminal record is what is known as record sealing. Many people use these terms interchangeably, but there is a difference between record sealing and expungement, aside from the defendant’s age. 

Consider expungement as the actual destruction of criminal records. Not only are these records hidden from public view, but as far as the law is concerned, they never existed in the first place. Record sealing, on the other hand, simply makes an individual’s criminal record invisible to public view. They are still there but are simply hidden, meaning they will no longer appear on a person’s background check. 

This makes it so that landlords, employers, potential partners, educational institutions, and other public entities or individuals will have no knowledge of these records existing. However, private entities such as law enforcement and criminal prosecutors will still have access to these sealed records.

In summary, the Colorado expungement process completely eradicates a juvenile criminal record while the record sealing process for adult offenders makes it so that only a very few select individuals and agencies are ever able to access this record.

Colorado Expungement Law

In the case of juvenile records, pretty much anything can be expunged – arrest records, court records, even a criminal conviction. There is not as much leeway with adult offenses in Colorado. If an adult is arrested but not charged, that record can more than likely be sealed. 

The primary statute governing adult record sealing is CRS § 24-72-701 through § 24-72-710. These sections outline eligibility requirements, waiting periods, and the process for filing a petition to seal criminal records. Juvenile expungement laws are addressed under CRS § 19-1-306.

When a court seals or expunges a record, it limits public access to your criminal history. Law enforcement and certain government agencies may still access sealed information in specific situations. The Colorado Bureau of Investigation maintains criminal history records, and updates must be processed through the proper legal channels after a court order is entered.

Eligibility depends on the type of offense, the case outcome, and the amount of time that has passed since the case closed. Certain convictions, including violent offenses and sex offenses, are not eligible for sealing. Understanding which statute applies to your case is the first step in determining whether you qualify for relief under Colorado law.

Colorado Clean Slate Act of 2022

The Colorado Clean Slate Act of 2022 expanded access to record sealing for eligible individuals who want to move forward after past mistakes. This law created an automatic sealing process for certain nonviolent offenses, meaning some records can be sealed without filing a formal petition in court. The goal is to reduce barriers tied to a public criminal history when a person has remained law-abiding for the required period.

Under the Clean Slate Act, qualifying cases may be sealed after specific waiting periods have passed. Once an expunged record or sealed case is processed, it no longer appears in most public background checks. Even so, certain government agencies may still access limited information in defined circumstances.

What Crimes Can Be Expunged in Colorado?

There are a number of qualifications for criminal record expungement in Colorado. Unfortunately, it is not something that everybody can do, and there are different rules for juvenile and adult offenders. 

Beyond that blanket allowance, things tend to get far more complicated. Courts typically allow most petty offenses and municipal offenses to be sealed, but not always. It is also possible to seal certain kinds of Colorado drug crimes, though convictions in general tend to be tougher to work with. 

Ultimately, record sealing or expungement eligibility depends on these factors:

• The type of criminal offense
• The age of the defendant
• Whether the charge resulted in a conviction or not
• The amount of time that has passed since the conviction or conclusion of the case

Can I Get My Felony Expunged in Colorado?

If you obtained a conviction from your criminal charge and it fell into one of the following categories, your record is NOT eligible for sealing:

• Class 1 Felony
• Class 2 Felony
• Class 3 Felony
• Level 1 Drug Felony
• Sex Offenses
• DUI Charges
• Domestic Violence Offenses
• Class 1 Misdemeanor Traffic Offenses
• Class 2 Misdemeanor Traffic Offenses
• Class A Traffic Infractions
• Class B Traffic Infractions

In addition, any crime involving a commercial driver’s license, such as a DUI with a CDL in Colorado, cannot be sealed from an individual’s record. 

How To Expunge Record in Colorado

The greatest difficulties in getting a Colorado criminal record sealed or expunged stem from understanding the law and completing the process accurately and on time. That may not sound like a big deal, but it involves quite a bit of thorough work. This includes making sure you get the correct paperwork from the correct offices, that you fill everything out completely and without errors, and that you turn it in to the right place within the proper timeframe.

If any mistakes are made, it can mean that your petition will be rejected, and you will have to go through the expungement process all over again. That is why it is crucial that you file for expungement correctly. Of course, we don’t expect you to know everything it takes to file an expungement or record sealing request, as this knowledge is extensive and requires a solid legal background. Rather, it is important that you obtain the help of a skilled criminal defense attorney who has that level of experience and legal knowledge and can help you throughout the many steps of the expungement process. 

How the Colorado Expungement Process Works

At WeedenLaw, Denver criminal attorney Jeff Weeden manages every stage of the sealing or expungement process so you don’t have to handle it alone. Clearing criminal records requires careful review, proper filings, and compliance with Colorado law. Here is how the process typically works:

Step 1: Obtain and review your criminal history.
You begin by providing a copy of your background check from the Colorado Bureau of Investigation. This report lists prior criminal charges, case outcomes, and any juvenile offenses. Reviewing the full criminal history ensures no eligible case is overlooked.

Step 2: Determine eligibility for sealing or expungement.
Jeff Weeden analyzes your criminal records to confirm eligibility under Colorado statutes. He reviews waiting periods, case dispositions, and any disqualifying factors. This step helps determine whether you qualify for sealed records or expungement relief.

Step 3: Prepare and file the petition.
Once eligibility is confirmed, your petition for sealing or expungement is drafted and filed with the appropriate court. Preparation typically takes about a week. After filing, the court usually sets a hearing date within a few weeks.

Step 4: Attend the court hearing.
You may need to attend a hearing where the judge reviews your request. The court considers statutory requirements and, in some cases, whether sealing serves the public interest. Jeff Weeden appears on your behalf and presents arguments supporting your petition.

Step 5: Address objections and finalize the order.
If the prosecution files objections, those issues must be resolved before the court rules. If no objections arise and the judge grants the petition, the court issues an order directing agencies to seal or expunge the records. 

The update to sealed records may take several weeks or months to fully process across reporting systems. Throughout each step, Jeff Weeden ensures your case moves forward efficiently while protecting your rights and long term interests.

Colorado Expungement Forms and Filing Requirements

Filing for sealing or expungement in Colorado requires accurate paperwork and strict compliance with court rules. The required court forms depend on the type of case, the court that handled it, and whether the request involves adult charges, juvenile cases, or a completed diversion program. Using the wrong form or filing in the wrong court can delay your case.

Most petitions must include a verified petition to seal or expunge, a proposed order for the judge to sign, and a copy of your Colorado Bureau of Investigation criminal history report. In some situations, additional documentation is required to show proof of case dismissal, successful completion of a diversion program, or satisfaction of all sentencing conditions.

Jurisdiction matters. You must file your petition in the same court that handled the original criminal charges. Municipal court cases, county court cases, and district court cases each follow slightly different procedures. Juvenile cases follow their own statutory framework and may involve different timelines and eligibility standards.

Colorado Expungement Waiting Periods

Assuming a person meets all other requirements, they must still adhere to the mandatory waiting period for their specific offense type. For the expungement of juvenile conviction records, it may take up to 5 years before the defendant is eligible, depending on the facts of the case. However, dismissals and acquittals may be expunged immediately. 

When it comes to adult criminal records, arrests not resulting in conviction, and most municipal and misdemeanor offenses, these can be sealed immediately. Other offenses typically require 1-5 years before they can be sealed. Below, we’ll list the offenses that are eligible for record sealing and their assigned obligatory waiting periods:

Immediately after reaching the age of 21

• Underage DUI convictions with a BAC ranging from .02 to .05

One year after the case concludes

• Petty offenses, including petty drug offenses

One year after the date of the final disposition of all criminal proceedings against you

• Underage possession/consumption of alcohol or marijuana (only those occurring prior to July 1, 2014)

One year after conviction

• Underage possession/consumption of alcohol or marijuana (only those occurring on or after July 1, 2014)

Two years after the case concludes

• Class 2 misdemeanors
• Class 3 misdemeanors
• Drug misdemeanors

Three years after the case concludes

• Class 1 misdemeanors
• Class 4 felonies
• Class 5 felonies
• Class 6 felonies
• Level 3 drug felonies
• Level 4 drug felonies

Five years after the case concludes

• Level 2 drug felonies
• All other applicable offenses

Can a Lawyer Expunge My Record?

A criminal defense attorney cannot automatically expunge your record, but they can guide you through the legal process of expunging records under Colorado law. As mentioned, eligibility criteria in Colorado depends on the specific offense, the outcome of the case, and how much time has passed. A judge must also approve any request to seal or expunge Colorado criminal records.

Legal representation helps ensure your petition addresses the required standards and explains why relief serves your best interests. This includes evaluating your eligibility, preparing the proper filings, and advocating for you at a court hearing to improve your chances of success.

Juvenile Expungement Attorney Denver

In Colorado, certain juvenile offenses may qualify for automatic expungement after the required waiting period. Other juvenile cases require a formal petition filed with the court. The process depends on the type of charge, case outcome, and whether all court requirements were completed.

Automatic expungement applies to specific low level juvenile offenses when statutory conditions are met. In petition-based cases, a request must be submitted to the court, and a judge reviews eligibility before granting relief. Proper documentation and timing remain critical in both situations.

Removing records related to juvenile offenses reduces the long term impact of youthful mistakes on adult life. An experienced Denver juvenile criminal attorney like Jeff Weeden can evaluate your case and guide you through the appropriate process.

DUI Expungement Lawyer Denver

In most situations, a DUI conviction cannot be sealed or expunged. That means if you were found guilty of driving under the influence in Colorado, that conviction will remain part of your record forever.

However, relief may be available in limited circumstances. If your DUI charge was dismissed, reduced, or resolved through a qualifying outcome such as a completed diversion program, you may qualify to seal the case. Eligibility depends on the final disposition and the waiting period set by law.

A DUI defense lawyer in Denver, CO can review your case to determine whether any part of your DUI-related charge qualifies for sealing. If the arrest did not result in a conviction, or if certain counts were dismissed, those records may be eligible for relief. Careful analysis of the court file and your criminal history is essential before filing a petition.

How Much Does It Cost to Get Your Record Expunged in Colorado?

The cost to seal or expunge a record in Colorado depends on the type of case and the court involved. Filing fees and court costs vary by jurisdiction, and you may need to pay for a Colorado Bureau of Investigation background check to review your criminal history.

Attorney fees depend on the complexity of your case. For example, a straightforward dismissed charge may require less time and preparation, while a case involving multiple charges, older records, or objections from the prosecution may require additional work. Legal assistance ensures that your petition is complete, filed in the proper court, and supported by the required documentation.

Investing in professional representation can increase the likelihood that your criminal record is sealed correctly and efficiently. An attorney can review your criminal history, explain the expected costs, and help you understand the value of pursuing relief.

Why Work With an Experienced Denver Expungement Lawyer at WeedenLaw?

Clearing your record requires more than filling out forms. Missing relevant information or filing in the wrong court can delay or derail your petition. An experienced Denver expungement attorney understands the statutes, deadlines, and court procedures that control these cases. 

At WeedenLaw, each case begins with a careful review of your criminal history and eligibility. You receive a clear explanation of your options and a strategy focused on achieving a favorable outcome.

Having your criminal record sealed or expunged can open the door to a brighter future. Employment, housing, and professional opportunities may improve once eligible records are removed from public view. Working with a skilled Denver expungement lawyer like Jeff Weeden gives you structured guidance and strong advocacy at every stage of the process.

Denver, CO Expungement Attorney Serving the Entire Front Range

Jeff Weeden proudly represents clients seeking expungement and record sealing throughout Denver and across the Front Range. This includes cases originating in Lakewood, Aurora, Thornton, Arvada, Westminster, Boulder, Longmont, Fort Collins, Castle Rock, and Colorado Springs. 

Each county and municipal court follows its own procedures, and experienced representation helps ensure your petition is filed correctly.

Speak With a Denver, Colorado Record Expungement Attorney Today

Whether you made a mistake and repaid your debt to society long ago or fought back and proved that it was law enforcement officials who made the mistake, your criminal record will continue to follow you around – unless you do something about it. And by all accounts, you should do something about it! Living with that permanent stain on your reputation can make your life significantly harder than it has to be.

Stop putting it off. Regain control of your future and change how people look at you. Reach out to Colorado criminal defense lawyer Jeff Weeden at WeedenLaw and get started on cleaning your slate today. You can contact our Denver, CO office for more details on expungements and record sealings by calling us at (720) 307-4330, emailing jlweeden@wedenlaw.com, or completing our simple online case review form.

Free yourself from the stigma of having a criminal record and learn how much better life can be with the help of Denver expungement attorney Jeff Weeden at WeedenLaw.