Sealing and expunging your criminal records can help give you a clean slate going forward, without mistakes or misunderstandings from the past haunting you. The process for how to check if your record has been expunged or sealed includes searching online databases, contacting the court that issued the expungement or sealing order, and talking to the Colorado Bureau of Investigation.
Martin & Reed, LLC, has helped dozens of citizens throughout Colorado get a second lease on life by expunging and sealing their criminal records. We understand how a criminal history can unfairly weigh you down and close doors for you. Our Colorado criminal defense attorneys welcome the opportunity to see what we can do for you during this time.
Are Criminal Record Sealing and Expunging the Same Thing?
No. Expunging and sealing a record are different things. When the government seals your records, they keep them on file but hide them from the public’s view. Someone may be able to view the records if they file special paperwork with the court and have a good reason to see them. Moreover, even if the court does grant someone permission to view the unsealed records, the materials remain sealed for others.
In contrast, an expungement may involve destroying records altogether. In other words, in many situations, it’s like the conviction or charge never happened at all. That said, information about some offenses—like those committed by juveniles—may stay on file after getting erased; however, only a limited number of people and agencies (like law enforcement) may be able to view them.
Will My Expunged Record Show Up on a Background Check in Colorado?
Properly expunged or sealed criminal convictions or charges shouldn’t appear on a background check. However, some institutions—like law enforcement and the government—can still access your criminal history under Colorado law.
Likewise, expunged juvenile convictions may also be available to a select few government agencies. But, they shouldn’t show up on a background check, and the person can truthfully deny having those expunged and sealed convictions on their records.
What Is the Process for Checking Expungement in Colorado?
You can check to see if the government successfully expunged your records by performing a background check. You can search for your criminal history online or contact the Colorado Bureau of Investigation.
If the records you think should be there don’t show up, this may be evidence that your records are expunged. You can also double-check with the court that gave you permission to expunge items from your criminal history to make sure everything went through correctly. You can follow a similar process to check to see if your arrest or conviction was sealed successfully.
How Can You Confirm With Courts and Law Enforcement?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed. You can visit the courthouse in person, call them, or use an online search or contact tool (if available). The clerk can look up your information and tell you what is in their system, such as the expungement order or other criminal convictions, arrests, or charges.
Likewise, you can contact law enforcement to see if your information still shows up in their system. You can contact them using an online contact form (if applicable), by visiting a precinct in person, or by calling them. The Colorado Bureau of Investigations is the statewide law enforcement agency that houses most criminal records. It may be a good idea to contact them directly rather than try to work with an individual police precinct.
What Issues May Come Up in an Expungement?
When expunging or sealing criminal records, several issues can arise. Limiting eligibility criteria, filing and court delays, and administrative hurdles can all make it harder for you to expunge or seal information about you.
A seasoned criminal defense attorney can help you by talking to you about your record, investigating the publicly available criminal history, and researching the expungement laws in Colorado. They can use these details to develop a possible path forward for you to reclaim your rights and clear your name.
You May Not Qualify for Expungement
Colorado law only lets people expunge their records in limited circumstances. Examples of when expungement might be possible include arrests for mistaken identity and certain juvenile offenses (like underage drinking). Each of these categories also has its own criteria you need to meet to apply. If expunging your convictions, charges, or arrests isn’t possible, sealing might be.
You May Have Difficulty Proving that You’re Eligible To Seal Your Records
Colorado law has a broader range of criminal convictions and charges you can seal versus expunge. For example, it may be possible to seal records if you receive a full pardon or certificate of rehabilitation from the government or were convicted of an offense as a victim of human trafficking.
Even so, without an attorney to guide you, it can be hard to determine if the law allows you to remove those from your history. There are other requirements you need to meet—such as not picking up a new conviction or arrest in a certain amount of time—along with having a qualifying offense. A criminal defense attorney can help you understand what you need to do to clear your history.
There May Be Filing and Court Delays
Expunging and sealing your records involves several rounds of paperwork and court processes. You need to fill out a petition, file it with the appropriate court, and wait for the government to respond.
If the government objects to your request, you must also file a response. While these steps are a necessary part of the procedure, they can also create unavoidable delays in the processing time.
Is Restoring Rights Through Expungement Possible?
Under Colorado law, expungements are only available in limited situations. For example, if the police arrested you because they mistook you for someone else, you may be able to have this removed from your record if the government didn’t file any charges. If you qualify, all evidence of the arrest as it relates to you may disappear from the public record.
You may also be able to expunge some charges you picked up as a juvenile. If you lost your rights because of your criminal record, you may be able to get those back after the expungement goes through. The same applies to sealed criminal convictions, charges, and arrests.
Martin & Reed, LLC: We Can Help You Verify Your Expungement
Learning how to check if your record has been expunged can help you make sure everything went through correctly. You can verify this information by talking with the issuing court and the Colorado Bureau of Investigation and by manually researching your records online. If you need help with the process of expunging your records or confirming that it went through, consider reaching out to a knowledgeable legal team.
The attorneys at Martin & Reed, LLC, have over three decades of combined experience. During that time, they have defended the rights of the accused at criminal trials and by helping them expunge or seal their records. Before entering private practice, Bradley Martin served as a public defender and handled thousands of criminal cases. Contact our reputable team today by calling 970-539-9377 to schedule a no-obligation consultation.