Record Sealing & Expungement
Recently, Colorado Legislature has recognized that both the economy and society as a whole benefits from allowing people who fit certain charge-related criteria to petition the Court to seal their records associated with their run-in with the law
The Fort Collins record sealing attorneys at Schwartz & Waible will assist you in determining if you’re eligible to petition the Court, will file the case to seal your records, respond to objections made by the prosecutors or law enforcement, and advocate to the Court regarding harm to your privacy and the dangers of the unwarranted adverse consequences of these records outweigh public interest in retaining the records.
Why seal your record?
Many potential employers, as well as colleges and other education facilities, conduct background checks prior to making job offers or accepting a new student. Law enforcement agencies will maintain records of run-ins with the criminal justice system unless you proactively obtain a court order, which will suppress that information.
Sealing Conviction Records
The Colorado Legislature recently made it easier for those with convictions for controlled substances to petition the Court to seal their records. All cases require that a specific amount of time has passed and that there have not been any charges since the incident. There may also be additional requirements dependant upon the level of your conviction. It’s important to note that this legislation is not retroactive, so you must wait until the appropriate amount of time has passed before petitioning the Court.
Expungement of Juvenile Records
Expungement is the term typically used to describe the action of sealing records, and a Fort Collins expungement attorney can help you get this done. However, expungement is actually a process that is specific to sealing juvenile delinquency case records. The law favors expungement of juvenile records because they are pseudo-criminal prosecutions, with the main goal truly being rehabilitation. When a petition to expunge juvenile records is granted, an individual can legally say that they do not have a negative juvenile record. The expunged records will then be made only accessible with a court order.
This is a unique charge due to the fact that it solely applies to those who are under the age of 21 at the time of initial police contact. This is also the only type of traffic offense conviction in an alcohol or drug related situation that is allowed to be sealed or expunged. The Fort Collins record sealing attorneys at Schwartz and Waible can assist you in expunging a conviction for underage drinking/drugs and driving if you fit all of the criteria required to petition the Court.
DNA Record Expungement
DNA samples are now collected from every adult arrested for a felony. Your DNA profile is then entered into the Colorado Bureau of Investigations (CBI) DNA database when you are charged with a felony. Under some circumstances, you may apply to have your DNA sample removed from the database; this is considered expungement. The Fort Collins expungement attorneys at Schwartz & Waible can help determine if you match the criteria required to qualify for this.
For more information about record sealing and expungement, please visit our Colorado record sealing website.