Denver Record Sealing & Expungement Lawyer

Skilled Record Sealing & Expungement Attorney in Denver, UT

A criminal conviction can lead to lasting consequences and setbacks that extend beyond jail time and fines. If a criminal record is holding you back from rebuilding your life and pursuing new opportunities, a Denver record sealing and expungement lawyer can help you understand your options for clearing eligible records and pursuing a fresh start. A clean record can open doors to new employment and housing opportunities. 

Why Hire a Denver Record Sealing and Expungement Lawyer?

Colorado’s record sealing and expungement laws are complex, which is why anyone seeking to clear an eligible criminal record should work with a law firm that understands the eligibility requirements and legal procedures involved. The dedicated defense attorneys at Blackley & Wingad bring decades of combined experience to these matters. Our law firm was founded by two former public defenders who now focus on criminal law in Colorado and Utah.

When you work with our law firm, you won’t have to worry about being passed off to inexperienced staff. Our attorneys personally manage cases from start to finish. We understand the extensive preparation involved in these proceedings and are prepared to devote the time and resources necessary to give each case the attention it deserves. Trust our team of advocates to pursue every available opportunity to clear eligible records and help you rebuild with confidence.

Don't Wait. Call Us Today.

Contact Us

What Is the Difference Between Record Sealing and Expungement in Colorado?

Denver sees an annual crime rate of 50.85 per 1,000 residents per year, and many of those offenders ultimately end up with a criminal record. Colorado state law provides two legal processes that can limit the long-term consequences of certain criminal records through sealing and expungement. 

• Record sealing. This process restricts public access to qualifying criminal records, which makes them generally unavailable during routine background checks conducted by employers and landlords. However, sealed records are not destroyed and may remain accessible to law enforcement agencies and certain authorized parties. 
• Expungement. This process generally removes qualifying records from public access and provides stronger legal protections against disclosure. In Colorado, expungement primarily applies to juvenile delinquency records. Adult criminal records are more commonly sealed. An individual’s eligibility for either depends on the type of offense, the outcomes of their case, and applicable waiting periods. 

Who Qualifies for Criminal Record Sealing in Colorado?

Colorado law allows certain individuals to have their criminal record sealed, but eligibility depends on the circumstances of their arrest, the specific charges, and whether the case resulted in a conviction. Three laws generally govern this process. 

• Under C.R.S. § 24-72-704, individuals who were arrested but never formally charged with a crime may qualify to have their arrest records sealed.
• C.R.S. § 24-72-705 addresses cases where charges were dismissed, the accused was acquitted, or certain other qualifying outcomes occurred. These individuals may be eligible for record sealing even though they were never convicted.
• Finally, C.R.S. § 24-72-706 allows certain misdemeanor and felony convictions to be sealed after applicable waiting periods.

Colorado’s Clean Slate Act also allows certain adult criminal records to be sealed automatically without filing a petition. In February 2024, 323,672 automatic conviction sealing orders were issued.

Eligible records include qualifying misdemeanor and felony convictions after applicable waiting periods, provided the individual meets statutory requirements. However, not all convictions qualify for automatic sealing, and some individuals must pursue relief through the courts.

The first step for anyone seeking to seal their criminal records is to work with an experienced defense attorney who can explain the legal process and the client’s eligibility to pursue this form of relief following a previous criminal case.

Colorado also allows individuals who receive a complete pardon from the governor to seek sealing of their criminal conviction records. A pardon does not automatically erase or seal a conviction, but it provides grounds to request relief through the courts. Individuals can submit JDF 680, Motion to Seal Conviction Record. The court then reviews the request to determine whether sealing is appropriate under Colorado law.

Which Criminal Records Cannot Be Sealed in Colorado?

In a typical year, there are roughly 30,000 Colorado residents confined in jail or prison, and not every convicted criminal is eligible to have their record sealed. Convictions for offenses such as murder, sexual assault, and certain domestic violence crimes may remain publicly accessible. 

Some traffic-related offenses, including driving under the influence, are also generally ineligible for sealing. An individual’s eligibility depends on the specific conviction and applicable statutory restrictions. A criminal defense attorney can review someone’s history to determine whether any records qualify for relief.

Who Qualifies for Record Expungement in Colorado?

Expungement is typically reserved for qualifying juvenile delinquency records, and eligibility depends on the offense involved, the outcome of the case, and whether the individual has satisfied other legal requirements.

Cases involving dismissed charges, acquittals, or successful completion of qualifying diversion programs may be eligible for expungement. Some juvenile records qualify for automatic expungement, while others require a petition and may be subject to waiting periods. Certain violent offenses and sexual offenses may be excluded.

How to Petition for Criminal Record Sealing in Denver

The process of petitioning for criminal record sealing in Denver begins by determining whether the record qualifies for relief. Some criminal records qualify for automatic sealing under Colorado’s Clean Slate Act, while others require a petition to the appropriate court. Individuals who have received a full pardon from the governor may also petition to seal their conviction records using JDF 680.

The Colorado Judicial Branch provides forms and instructions for requesting record sealing. Petitioners generally must identify the criminal case, provide relevant court information, and submit the required paperwork. The court may schedule a hearing to consider the request.

When Do Criminal Cases Qualify for Automatic Record Sealing in Colorado?

Colorado’s Clean Slate Act allows certain criminal records to be sealed automatically without requiring individuals to petition the court. Qualifying records are often tied to arrests that did not result in charges, dismissed cases, acquittals, and certain misdemeanor and felony convictions. 

Automatic sealing for eligible cases happens after a waiting period that begins once the case concludes or the sentence is completed. There are other requirements, such as restrictions on subsequent criminal activity. Importantly, not every criminal record qualifies for automatic sealing. Serious offenses, including many sex crimes, are excluded from eligibility for relief under the Act. 

How a Sealed Criminal Record Affects Employment and Housing

Having a criminal record sealed can lead to renewed opportunities when it comes to housing and employment. Whether you are seeking a new job in The Highlands, River North Art District, Wash Park, or elsewhere in Denver, employers routinely run background checks on applicants. A criminal conviction can be a serious red flag that ends the application process. Many professions require certifications that set high standards for past conduct and convictions. 

Housing opportunities can also become limited for individuals with a criminal record. Even a relatively low-level misdemeanor conviction could lead to a denied rental application. Once someone completes the process of having their record sealed or expunged, they can pursue employment and housing opportunities without the burden of a permanent record.

Can Employers and Law Enforcement Access Sealed Records?

Sealing a criminal record generally prevents private employers, landlords, and members of the public from accessing it through standard background checks. In most circumstances, individuals can legally state that they have not been convicted of an offense that has been sealed.

However, sealed records are not destroyed. Law enforcement agencies, prosecutors, and courts may still access them for authorized purposes. Certain employers, including some government agencies and organizations requiring special background checks, may also have access under Colorado law.

Why You Should Hire a Record Sealing and Expungement Lawyer

Choosing to hire a record sealing and expungement lawyer can help make sure your petition is properly prepared and supported by the necessary documentation. Colorado’s complex record sealing laws establish specific eligibility requirements, waiting periods, and procedures that vary depending on the offense and case outcome.

An experienced defense attorney can:

• Review your criminal history to identify records eligible for sealing or expungement
• Determine whether your records qualify for automatic sealing under the Clean Slate Act
• Explain applicable waiting periods and eligibility restrictions
• Prepare and file petitions and supporting documentation with the appropriate court
• Represent you at hearings, when required, and address objections to your petition

An experienced Denver record sealing and expungement attorney can review your criminal history, determine which records qualify for relief, and represent you during court proceedings. Whether your situation involves an adult conviction or a juvenile expungement case, Blackley & Wingad provides knowledgeable legal representation focused on protecting your rights and expanding your future opportunities.

Start Fresh With Help From Blackley & Wingad

Although the process of having a criminal record sealed or expunged takes time and resources, the benefits can be life-changing. At Blackley & Wingad, our attorneys understand how a criminal record can affect employment, housing, and other opportunities. We bring decades of criminal defense experience and a commitment to helping clients move forward with confidence.

Our Denver record sealing and expungement lawyers can evaluate your eligibility, prepare the necessary paperwork, and represent your interests throughout the legal process. If a past criminal case is holding you back, contact Blackley & Wingad today to schedule a confidential consultation and explore your options.