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- posted: Oct. 06, 2024
- Criminal Defense, Legal Reform, Civil Rights, Juvenile Justice
A criminal conviction, even for a nonviolent offense, can have longstanding effects on someone’s life. While a supposed goal of the justice system is to reintegrate offenders back into society once they have completed their sentence, background checks for employment and housing can make that very difficult. Colorado has been a leader in giving residents the opportunity to seal convictions from public view, and now a new program is in place to make it easier for individuals to make a fresh start.
Under the Clean Slate Act, more than 140,000 convictions are being sealed automatically after a specific waiting period. This means that the records become confidential, and they are generally not accessible to the public or potential employers. While most of the automatically sealed records relate to misdemeanors, some nonviolent Class 4 and 5 felonies are included as well. The waiting periods are seven years for a misdemeanor and 10 years for a felony.
Four times each year, the Colorado Judicial Department must now submit a list of records that have become eligible for sealing to the state’s district attorneys. The district attorneys will have the ability to object to the sealing. Among the first group, most of the objections were based on the fact that the convictions were for domestic violence cases, which do not qualify for the Clean Slate program. Records relating to child abuse and sexual assault crimes also cannot be sealed.
Even though the automatic sealing is helpful to Coloradans who committed offenses in the past, retaining a knowledgeable expungement lawyer gives you the chance to petition for relief much sooner. Instead waiting for seven years, you can apply to have your records shielded from public view three years after your sentence is completed. Doing so also gives you the chance to put your problems behind you without having to worry about whether an error or district attorney objection results in potential employers and landlords still being able to see your prior conviction after the waiting period ends.
Polansky Law Firm in Boulder represents clients throughout Colorado who are seeking to have records of past criminal offenses sealed. To discuss whether you’re eligible for relief with a seasoned expungement lawyer, please call 303-415-2583 or contact us online for a free consultation.
