The state legislature has recently created a new policy when it comes to sealing records. This relates to cases other than convictions. Under Colorado’s current sealing laws, you could only seal a deferred judgment or a dismissed case. You are only eligible to do this after a certain period of time and completion of any other requirements from the court. Yet, under C.R.S. 24-72-702.5 you can now seal your record immediately after dismissal or acquittal of your case.
This new addition to the Colorado sealing laws states that any time a case against a person is completely dismissed, where the person of interest is acquitted or completes a diversion agreement or a deferred judgment, the court shall allow the defendant to be eligible to have his or her criminal record sealed. The biggest difference in this new bill is that the request for sealing may be informal and may be made in open court at the time of dismissal. Before, you had to wait a certain amount of time after completion and then file paperwork with the court and wait to hear from all relevant agencies before you could have your record sealed. In some cases, if the District Attorney objects, you have to go to a hearing to decide why the court should or shouldn’t seal your record. However, now you are able to ask the judge in open court. If the request is granted, then the court will send the order to all relevant agencies . You may also petition to seal your record in a written motion that you can find on your local county court house’s website at a later date.
Now, this includes a $65.00 fee that includes all the costs relating to the sealing of your criminal record. The judge has the discretion to decide if the court will seal your case or not. This does not nullify the rules that are already in place for sealing your criminal record, this is just an addition to it.
Every case is different. It is in your best interest to speak to an attorney about your options and get your specific case analyzed. M. Colin Bresee is an experienced criminal defense attorney. Contact our office to get a free consultation on your specific case.
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By Shannon Lynch