Let our Denver expungement attorney at Mark S. Rubinstein, P.C., help you clear your name.
The first order of business is to determine if you are eligible for an expungement or sealing of your record. Not all crimes can be expunged or sealed.
Perhaps you were not even aware that you had a blemished record. Often individuals will learn they have a criminal record at inconvenient times (e.g. when applying for a job).
Even if charges are dismissed, they will still appear on your record. If this happened to you and you were shocked to find you have a criminal record, contact Mark S. Rubinstein, P.C. today!
The process of sealing or expunging your records is complicated and can be difficult to handle on your own. The law is fluid and always changing, which makes it difficult to navigate the steps.
In addition to evolving law, there is a lot of paperwork involved in these petitions. Our Denver expungement lawyer is well versed in the procedure. Contact us today to schedule a confidential consultation to discuss your options.
Sealing of Records vs. Expungement
Although people often interchange the phrases, sealing of records and expungement have two different meanings. Sealing records makes those records generally invisible to the public and background checks.
Only certain entities will still have access to these including law enforcement and prosecuting agencies. Generally, background check companies such as the ones used by private companies in the hiring process will not be able to see sealed records.
Expungement, on the other hand, is the actual destruction or removal of those records. Different facts and circumstances will determine if you are eligible for record sealment or an expungement.
Am I Eligible for an Expungement?
In Colorado, you may qualify for an expungement if:
- Charges against you were dismissed,
- You were acquitted or found not guilty,
- You were wrongfully charged,
- You were arrested but never charged, or
- You successfully completed a diversion program.
As a broad generalization, most minor drug crimes, misdemeanor offenses, and charges over 10 years old are eligible for expungement. Generally, juvenile delinquency charges or convictions are also eligible for expungement.
There are many crimes that are not sealable or expungeable, including but not limited to:
- Sex crimes,
- Domestic-violence-related convictions, and
- DUIs (unless juvenile).
An experienced Denver expungement attorney will be able to advise you if your record is eligible for expungement.
The Process for Sealing Records and Expungement in Colorado
There are three general steps for getting a record expunged or sealed:
- Determine eligibility;
- Obtain copies of past police reports and court records; and
- File the petition with the court.
Although these may seem like three simple steps, they can be quite cumbersome. The petition itself must be drafted precisely and include specific information. Having a lawyer can greatly help to streamline the process.
You may be wondering, Can I seal my record at any time? and the unfortunate answer is, not always. There are certain time restrictions on when a record can be sealed or expunged.
It varies widely depending on the crime and specific circumstances. Generally, only arrests that do not lead to a conviction can be sealed immediately. Most other situations have a waiting period after which your case ends.
For ease of reference, below is a simple chart of waiting periods:
To learn more about when you may be eligible to have your record sealed, you should meet with an experienced and knowledgeable Denver sealing records attorney.
Denver Sealing of Records and Expungement Attorney Ready to Protect Your Privacy Today
If you are interested in learning about your eligibility, our experienced Denver sealing records lawyer has helped clients find their freedom again for over two decades.
Attorney Mark S. Rubinstein understands the ins and outs of the criminal justice system to better serve the interest of his clients. A criminal record can weigh heavily on many aspects of your life.
We also handle clients with other types of criminal defense cases, including:
- Drug Offenses,
- Menacing & Stalking Defense,
- Trespassing Defense,
- DUID DUI Defense, and
- White-Collar Crimes.
If you need a Denver expungement lawyer call Mark S. Rubinstein, P.C., today to schedule a confidential consultation!