Skilled Criminal Defense Lawyers in Denver, Colorado
A criminal conviction can result in fines, incarceration and other serious penalties. However, even when an individual is not convicted of a crime, there are still severe consequences that can occur simply from a record that you were arrested and charged. When it comes to bank loans, employment opportunities or school applications, factors such as a police arrest, criminal indictment or any other hint of criminal activity can cause just as much damage to an individual’s reputation and opportunities as a conviction. Open criminal records can be used to deny you the right to possess and purchase firearms or preclude you from obtaining a concealed carry permit. Sealing your record can help avoid some of those problems. We have found that many people don’t realize that upon dismissal of charges the records associated with the arrest and prosecution don’t simply go away. You must act to have the records sealed or expunged. Don’t wait to be denied a loan, job or housing. Be proactive and let us help you clean up your record.
Sweeping changes have taken place in Colorado to permit even those convicted of certain crimes to have their records sealed. If you’ve been convicted of even serious felony drug possession offenses the law now allows for such records to be sealed. In addition, many minor convictions that once could not be sealed or expunged are now eligible to be sealed or expunged.
The criminal law attorneys at Seawell & Buckmelter, PC, provide record sealing representation to adults and juveniles in Colorado. Contact us to consult with an experienced lawyer.
Are you eligible to have your criminal record sealed?
Not everyone is eligible to have their criminal record sealed. The attorneys at Seawell & Buckmelter, PC, have the experience and knowledge to help clients determine eligibility for expungement or record sealing. The criminal record of an adult is eligible for sealing under the following conditions:
- Criminal charges were never pursued following the arrest
- Criminal charges were completely dropped (case dismissed)
- Criminal trial resulted in full acquittal (not guilty verdict) on all charges
- A guilty plea was entered but was later dismissed pursuant to a deferred judgment and sentence agreement (excluding Driving Under the Influence and Sexual assault offenses).
- Controlled Substance Convictions: for Petty Offenses after 1 year from completion of the case; Class 2 or 3 Misdemeanors after 3 years from completion of the case; for Class 1 Misdemeanors after 5 years from completion of the case; for Class 5 and 6 felony drug possession offenses after 7 years from completion of the case; for all other drug offenses after 10 years from completion of the case.
- For convictions of petty offenses and Municipal Ordinance violations after 3 years from completion of the sentence if no other charges or convictions have occurred since completion of the case.
Expungement of Juvenile Records
Under the Children’s Code, a person may petition to have juvenile records expunged (sealed from public access). You are eligible to petition for an expungement order:
- Immediately upon a finding of not guilty at a trial or dismissal of the petition in its entirety or successful completion of a juvenile diversion program, deferred adjudication or informal adjustment;
- One year from the date of the law enforcement contact that didn’t result in charges.
- One year from the termination of the Court’s jurisdiction after successful completion of probation.
- Three years from release from custody or release from parole supervision.
- Five years from termination of the Court’s jurisdiction or release from probation or parole following adjudication as a repeat or mandatory juvenile offender (if there have been no other law violations).
You are not eligible for expungement of Juvenile records if :
You were adjudicated (found or plead guilty and were sentenced) for an offense involving unlawful sexual behavior.
- Were adjudicated an aggravated or violent juvenile offender
- You were charged as an adult and received an adult sentence.
- You were ordered to pay restitution to a victim of the offense and failed to pay.
There are also many circumstances in which the delinquency record of juveniles may be sealed. Our experience in juvenile law enables our firm to provide effective assistance sealing the criminal records of juveniles. It is imperative that juvenile records be expunged for those that desire to possess firearms. A juvenile adjudication for a felony makes it strictly illegal for such person even as an adult to possess a firearm. The only way such a person can legally possess a firearm is to have such records expunged.
Through the vigorous advocacy of the criminal lawyers at our firm, eligible clients are capable of returning to their normal lives without the burden of former criminal activity on public record. Let us help you restore your reputation and to lead a life unimpeded by the drastic and sometimes catastrophic consequences that come from a criminal record.