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Can a False Domestic Violence Arrest Be Expunged or Sealed in Colorado?

Domestic violence charges can impact every aspect of your life, from your job to your relationship with your children. If the charges result in a conviction, the consequences are even more severe, including the loss of important constitutional rights. You may be able to take steps to expunge or seal your arrest record, but the legal relief will depend on the circumstances and the disposition of your case.

At The Law Offices of Elaine E. Lukic, we work closely with people who have been falsely accused of domestic violence, protecting their future every step of the way. We can discuss your particular situation during a confidential case review.

Expungement vs Record Sealing

Before understanding your legal options, it’s crucial that you understand the difference between expungement and record sealing in Colorado, which are often confused for each other. Expungement completely erases a criminal record, while sealing makes the record inaccessible to the public but still available to law enforcement and certain government agencies.

Expungements help erase juvenile records and wrongful arrests. Most adult convictions, including those for domestic violence offenses, are not eligible for expungement. However, they might be eligible for record sealing.

When Can a Domestic Violence Charge in Colorado Be Sealed or Expunged?

Because the state considers domestic-related offenses serious criminal offenses, it can be difficult to seal or expunge these criminal records. If you were convicted of a domestic violence offense, you may not be able to seal or expunge your criminal record. However, sealing your record might be possible if your criminal case ended in any of the following:

  • Dropped charges
  • Case dismissal
  • An acquittal

Colorado law allows you to petition to have your record sealed if you were arrested but never charged or convicted. Additionally, the Colorado Clean Slate Act (Senate Bill 22-099) allows an automatic clearing of eligible charges without petitioning the court. An experienced attorney from our local law firm can examine your particular situation and identify the legal options available to you.

How a Domestic Violence Defense Lawyer Can Help

If you are facing criminal charges after being falsely accused of domestic violence, a domestic violence defense lawyer can be your advocate whose sole mission is to minimize the impact that this accusation has on your life. We can help by:

  • Reviewing your situation and explaining your legal options
  • Representing you in any pending criminal matters
  • Completing the necessary forms to seal your arrest and non-conviction records
  • Filing a petition with the court to have your record sealed or expunged
  • Obtaining relevant criminal records on your behalf, including a verified copy of your criminal history from the Colorado Bureau of Investigations
  • Identifying alternative options for relief when record expungement or sealing is not an option, such as seeking a pardon from the governor or modifying or reducing penalties

Contact The Law Offices of Elaine E. Lukic for a Confidential Case Review

If you have been falsely accused of domestic violence, our former domestic violence prosecutor can help lay out your legal options after carefully evaluating your situation. Contact The Law Offices of Elaine E. Lukic for a confidential consultation.