felony expungement

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felony expungement

I have a felony menacing from 9 years ago on my record and am wondering if it can be expunged?

Asked on May 13, 2009 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Colorado does not provide expungement, the actual destruction of criminal records.  It does however allow citizens to petition to permanently seal records from prying eyes.  Once sealed, you may legally state that the crime or arrest never occurred, and police must respond to any inquiries by saying that there is "no record."

A person may petition to have his arrest and criminal records sealed if the person was not charged with a crime, if the case was completely dismissed, or if the person was acquitted, unless the offense was not charged, or the case was dismissed, due to a plea agreement in a separate case.

If the offense was not charged, or the charge was dismissed, due to a plea agreement in a separate case, the person may petition to have the records sealed if:

(a) the petition is filed 15 years or more after the date of final disposition, and (b) the person has not been charged for any criminal offense in the 15 years since the date of final disposition.

Records not eligible for sealing are those pertaining to:

(i) any class 1 or 2 misdemeanor traffic offense, (ii) any class A or B traffic infraction, or (iii) DUI; or (iv) unlawful sexual behavior. 

Note:  there are special rules for juvenile offenses. 

Since you didn't indicate how old you were at the time this all happened to you I don't know whether or not they apply.

 Bottom line, you should speak with an attorney in your are to find out whether or not sealing your record is in fact an option available to you.

 

 

 

 

 

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The Colorado State Judicial Branch has online instructions and forms that you can fill out to seal your record. Here is the website:  http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/34.


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