New “Simplified” Expungement/Sealing Law
Expungement is a legal order that allows a person to claim that they have no juvenile delinquency record. Expungement is similar to the sealing of criminal records. But, expungement is a special process that only applies to a person’s juvenile record. Recently, the Colorado Legislature has changed expungement laws in an effort to simplify them.
The new expungement law went into effect on November 1, 2017. While the Colorado Legislature may have simplified the expungement statute, it is by no means simple. Each situation is unique. The facts and circumstances surrounding your juvenile record will determine if expungement is available and the steps required to officially expunge your juvenile record.
Before any records are expunged, the court has to see if the juvenile requesting expungement has any pending felony, drug felony, misdemeanor, drug misdemeanor, petty offense, or delinquency actions. If any of these are pending, the expungement proceedings will not proceed, until the pending case is resolved. Aside from having a pending case, there are other potential barriers to expungement.
Expungement is available for most juvenile records, but not all, and the process depends upon the situation. It is important to consult with an attorney to make sure that you are: (1) eligible for expungement and that (2) you file the correct documents. At Polansky Law Firm, we are experienced with this process and are aware of how the new law effects your situation. If you are ready to leave behind the stigma of a youthful indiscretion, schedule a consultation with Polansky Law Firm today.
Adults may also seal their criminal records, but only in limited situations. For Arrest of Criminal records where there is no conviction, the records can be sealed if: (1) a diversion agreement is completed, (2) no crime was charged, (3) the case was dismissed, or (4) you were acquitted. There are even very limited circumstances were criminal conviction records can be sealed. It is recommended that you consult with an attorney before taking any action to determine if you are eligible to have your records sealed. If you are eligible, then having competent professional legal counsel guide you through the process will ensure that your records are effectively sealed. Polansky Law Firm is experienced in these matters and can make sure past mistakes don’t haunt your present situation. Contact Polansky Law Firm today for a consultation
Municipal and Petty convictions can also be sealed. To be eligible you: (1) must wait a least three years, (2) have no charges in that time, and (3) must not be trying to seal a misdemeanor traffic offense for a commercial driver’s license. Further, you can’t have any outstanding fines or fees with the court. There is also a limit to the number of times you can file in a year. To avoid making mistakes that could delay you, it is recommended that you seek an attorney to guide you through this process. Polansky Law Firm is experienced in these matters and can effectively guide you through the process of sealing these records. Contact Polansky Law Firm for a consultation.