Domestic violence charges can have long-lasting effects on your personal and professional life in Colorado. They can impact your employment opportunities, housing options, and even your ability to own a firearm. However, there is no way to expunge a domestic violence charge in the State of Colorado.
So, is there a way to prevent these charges from hanging over you for the rest of your life? Record sealing may be the answer, but you need to understand the process and what the process actually does.
What Is Record Sealing?
Record sealing is a legal process that makes certain criminal records inaccessible to the general public and most employers during background checks. It essentially hides these records from view, providing individuals with a second chance by allowing them to legally claim they have not been convicted of a crime. Record sealing does not physically destroy the records but rather restricts their accessibility, helping individuals with a criminal history reintegrate into society by reducing the negative impacts of their past convictions on their personal and professional lives.
Understanding the Eligibility Criteria
In the state of Colorado, domestic violence charges can be sealed if individuals meet specific criteria. To have a domestic violence charge sealed, you must generally satisfy one of the following conditions:
Your domestic violence case was dismissed.
You were acquitted (found not guilty) of the domestic violence charges.
You successfully completed a deferred sentence or deferred prosecution agreement, and you have not been charged with new offenses for a specified period.
Meeting any of these criteria may make you eligible to petition the court to have your domestic violence charges sealed from public access.
Sealing Process
In Colorado, domestic violence charges that meet the eligibility requirements for sealing are typically supposed to be automatically sealed by the court. There's no need for individuals to file a separate petition or go through a formal application process.
Here are the general steps involved:
Automatic Sealing: If you are eligible to have your domestic violence charges sealed in Colorado, the court should automatically seal your records within 60 days. There is no need for you to file a separate petition or initiate the sealing process in such cases.
Eligibility Assessment: To determine if you meet the criteria for automatic sealing, you must have had your domestic violence case dismissed or been acquitted. If either of these conditions is met, the court should take steps to automatically seal your records.
Notify Relevant Agencies: After the court has sealed your records, it's still important to ensure that relevant agencies, such as law enforcement and the Colorado Bureau of Investigations (CBI), are aware of the court's decision to seal your records. These agencies typically comply with orders to seal records within a reasonable timeframe.
What If the Court Fails to Seal My Domestic Violence Charges?
If the court in Colorado fails to automatically seal your record for eligible domestic violence charges within the prescribed timeframe, it's essential to take proactive steps to address the situation. Here's what you can do:
Contact the Court Clerk: Reach out to the clerk of the court where your case was heard. Inquire about the status of your record sealing and confirm whether there were any delays or issues in the sealing process.
File a Petition: In some cases, if the court does not automatically seal your records, you may need to file a petition for sealing yourself. This involves completing the necessary forms and following the standard sealing process, as outlined by Colorado law. Be sure to consult with an attorney to ensure that you meet all requirements and follow the correct procedures.
Follow Up with Agencies: While pursuing the sealing of your records through legal means, also follow up with relevant agencies, such as law enforcement and the Colorado Bureau of Investigations (CBI), to ensure that they comply with the court's order to seal your records.
Document Everything: Keep records of all communications and actions taken regarding the sealing process. Documentation can be crucial if you need to demonstrate that you have made reasonable efforts to have your records sealed in compliance with the law.
Seek Legal Assistance: If the court has not sealed your records as required, consider consulting with an experienced attorney who specializes in criminal record sealing in Colorado. They can advise you on the best course of action and may assist you in pursuing the sealing of your records through legal means.
It's important to remember that the process can vary based on individual circumstances and the specific reasons for any delays in sealing your records. Seeking legal counsel is highly advisable to navigate this situation effectively and ensure that your domestic violence charges are sealed as they should be.
Contact Damascus Road Law Group today at (719) 354-2052 or contact us online if you are having any problems related to domestic violence charges!