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- posted: Nov. 15, 2022
- Criminal Defense
A Colorado law enacted in 2022 will automatically seal certain criminal records beginning in 2024. State law currently allows criminal records to be sealed upon approval of the offender’s petition to the court. However, the process is lengthy, cumbersome and expensive. The new statute mandates the sealing of eligible criminal cases after prescribed time periods.
The purpose of this "Clean Slate Act" is to help former defendants fully participate in society. A criminal record inhibits people from finding gainful employment and housing. Without a job or means of supporting oneself, many former defendants are left destitute. This often leads to a continuing cycle of more crime and poverty. Sealing criminal records gives ex-convicts a better chance of improving their lives.
Not every offense is eligible for the automatic sealing of records. It is best to consult an experienced criminal attorney for information on your specific charges. Violent crimes, for example, are specifically excluded under the new law. Also, records will not be sealed if the offender subsequently commits another crime. The state can object to the sealing of otherwise eligible criminal records if the authorities deem that the public interest in keeping the records open outweighs the offender’s privacy interests. Despite these exceptions and limitations, many offenders will ultimately have their records sealed. Some of the records that are eligible include:
- Records of civil infractions are to be sealed automatically four years after the date of final disposition of the case. A civil infraction is a minor violation of civil law, such as littering or a minor traffic violation, that carries a fine up to $100 and no jail time.
- Records of eligible petty offenses and misdemeanors are to be sealed automatically seven years after the date of final disposition of the case. A petty offense such as loitering or trespassing is the lowest level criminal offense that imposes fines up to $300 and not more than ten days in jail.
- Records of eligible non-violent felonies are to be sealed automatically ten years after the date of final disposition or ten years after the offender’s release from custody, whichever is later.
The “Clean Slate Act” does not expressly replace or substantially alter other legal mechanisms for sealing criminal records. The court can still accept record sealing petitions from former offenders. Also, the new act does not affect record sealing provisions in special types of cases such as juvenile crimes.
Polansky Law Firm, located in Boulder, is one of Colorado’s premier criminal defense firms. We work diligently to achieve the best result possible for each client. If you or a member of your family seeks to have criminal records sealed, feel free to contact us online or call 303-415-2583 for an initial consultation with a knowledgeable and experienced criminal lawyer.
