Breckenridge Criminal Record Sealing and Expungement

If a clean college application or employment background is important to you and a documented prior brush with the law has put that goal at risk, you should meet with me to discuss the possibility of a record sealing at the Law Offices of J.B. Katz, P.C.

I have worked hard to achieve new leases on life for many of my Colorado criminal defense and DUI clients. If a record sealing of a previous charge is appropriate and permitted under the law, I can actively pursue it for you. If such a sealing is successful, you will be within your legal rights to state that a particular arrest never occurred, and police will be required to admit that there is no record. A record sealing or expungement could be your next step toward restoring your reputation and reclaiming your life.

New Law Might Prove Beneficial For Your Case

You may have tried previously to have your arrest or conviction removed from your record. Under prior Colorado laws, few individuals actually qualified to have their records sealed. They found frustration when they tried to reverse the negative impact that their case has had upon their life.

Recently, a new law has gone into effect that will allow many more individuals the opportunity to gain a fresh start. I can explain how this law will apply to your case, and discuss the options available to you to either have your record sealed or expunged. Even if you have been rejected before, you may now be eligible to have your case removed from your record. You owe it to yourself and your family to put the past behind you.

It’s also important to know that having your record sealed and having it expunged are two different issues. You could be eligible for one, both, or neither. An experienced criminal defense attorney will help you to determine which avenue to pursue, but it’s also important to understand as much as possible about your situation before you walk into a lawyer’s office. 

Record Sealing

Having your record sealed means that it is no longer visible through a background check. Without having it sealed, a typical background check that an employer or landlord would initiate will show that you have a criminal record. Sealing your record essentially makes it invisible. 

Who is Eligible to Have Records Sealed?

Only some records can be sealed in the state of Colorado. Whether your case can be sealed or not depends on several factors, such as what type of offense it is, whether you were actually convicted, rather than just charged, your age, and when your case was closed or dismissed. Once there has been a final disposition in your case and you’ve completed any necessary sentencing requirements, your case will be considered closed. 

In the following circumstances, you will be eligible to have your record sealed: 

• You were arrested but never actually charged with a crime
• Your case was dismissed so there was no conviction
• You were found not guilty of the charges
• You were a juvenile (under the age of 18)
• You were underage (under the age of 21)

The above list is not exhaustive, but it gives you a good idea of what types of records can be sealed in Colorado. 

In some circumstances, you may be eligible to have your record sealed even if you were convicted of a crime. It depends what the crime was, so it’s a good idea to speak to an experienced defense attorney right away so they can determine what can be done. 

Expungement 

When you have your record expunged, this is essentially the destruction of the record as opposed to making it so that some individuals can’t see it. An expunged record will also not show up on a background check. 

Who is Eligible to Have Records Expunged?

In the following circumstances, you can typically have your record expunged (sometimes immediately):

• You were found not guilty at trial
• You completed a diversion program
• The prosecutor dropped the charges against you
• you were charged with an underage drinking and driving conviction
• You were arrested due to mistaken identity 

This list is also not exhaustive, so if you’re situation is not covered here and you would like your record expunged, speak with a knowledgeable criminal defense attorney for assistance.

In some situations, you can even have your DNA sample expunged. This can be quite beneficial because then your DNA won’t be found in the criminal system any longer. This is important to know because anyone arrested for a felony in Colorado is required to submit a DNA sample. 

If you have your record expunged or sealed and an employer asks if you have a criminal record, you can generally say no. This is not universally true, though, so it’s always a good idea to consult with a lawyer about this situation. It is incredibly beneficial to have your record sealed or expunged so that it now longer shows up to potential employers or landlords.

Call a Breckenridge Criminal Defense Lawyer

To get the second chance you deserve, call my Breckenridge office at (970) 453-5533 or send me an email for a free consultation. I will explain what avenues are available to you in your case and then pursue the appropriate option to help you restore your rep