Having a criminal record can cause challenges in obtaining housing, employment, and benefits to which you might otherwise be entitled. You may be able to have your criminal record sealed in Colorado, depending on the outcome of your case.
At the Law Offices of Elaine E. Lukic, we work closely with accused individuals, providing them with a strong defense. We also provide support services to seal criminal records that never should have existed in the first place.
The Clean Slate Act
The first option that you have for sealing your criminal record is under Colorado’s Clean Slate Act (Senate Bill 22-099), which went into effect on July 1, 2024. This allows an automatic clearing of eligible charges without petitioning the court.
The State Court Administrator compiles quarterly lists of qualified records, which depend on waiting periods. The law applies to qualifying misdemeanors, some low-level felonies, and non-conviction records. Under this law, the following criminal records can be sealed:
- Non-conviction records, including dismissals, acquittals, or charges that were not filed
- Drug possession and select distribution offenses
- Misdemeanor convictions after seven years
- Eligible Class 4, 5, and 6 felonies after ten years
- Records identified in the State Court Administrator’s quarterly sealing lists
Criminal records that are not eligible for automatic sealing under the Clean Slate Act include convictions for any of the following:
- Class 1, 2, and 3 felonies
- Sexual assault and other sex crimes
- Crimes that had a factual basis involving unlawful sexual behavior
- Child abuse and exploitation charges
- Violent crimes with weapons enhancements
If your records are eligible for expungement under the Clean Slate Act, the process involves the following steps:
- Quarterly review of eligible records by the State Court Administrator
- A 45-day waiting period for district attorneys to object to sealing
- The removal of sealed records from law enforcement and public databases by the Colorado Bureau of Investigation
- Notice sent to the relevant agencies and employers
- Child abuse and exploitation charges
- Violent crimes with weapons enhancements
Records can be unsealed if new convictions occur.
Filing a Motion
The Clean Slate Act involves the automatic process of sealing records, but other legal remedies may be available even if you’re not eligible for this act. If your records are not eligible under the Clean Slate Act, you might still be able to have your records sealed by filing a motion in the county where the criminal record exists. An experienced criminal defense attorney can walk you through this process.
Contact Our Colorado Criminal Defense Lawyer for a Confidential Consultation
If you have been accused of sexual assault, but the criminal charges against you were dismissed, you were acquitted, or you are otherwise eligible for sealing your criminal record, reach out for legal assistance today.
At the Law Offices of Elaine E. Lukic, we work closely with accused individuals, providing them with a strong defense. We also provide support services to seal criminal records that never should have existed in the first place. Contact us today for a confidential case review.