Can My Felony Conviction Get Expunged?

Were you convicted of a felony offense at any point in your past? If so, more likely than not, that felony conviction is continuing to have an effect on your life. Depending on the specific details of the case, you may still be serving part of the sentence. Yet even if you completed the terms of your sentence years ago, having a felony criminal record can have serious repercussions for many Denver residents. Indeed, there are many types of collateral consequences, or long-term consequences associated with a felony conviction in the years and decades after an initial conviction. Social, cultural, and civil consequences can all result from having a felony record.

Ideally, if you were already convicted of a felony and have served your sentence, you want to erase your felony conviction so that it no longer has those collateral consequences. Is it possible to have a felony expunged under Colorado law? Our Colorado felony defense and expungement attorneys can explain in more detail below.

Understanding Expungement in General Under Colorado Law

First, it is important to understand that expungement — the process of actually destroying criminal records altogether — is not possible for adult convictions. Under Colorado law, only juvenile delinquency records can be expunged.

However, individuals with adult convictions may be eligible to have their criminal records sealed. When a record is sealed, certain parties (such as law enforcement or a court) can still access the criminal record, but the general public cannot. Having your records sealed can put an end to the collateral consequences associated with a conviction.

When Felony Records Can Be Expunged or Sealed

Not all types of criminal records can be expunged or sealed. If you were accused of a criminal offense as a juvenile that would have been a felony, and that resulted in a juvenile record, it may be possible to have this expunged — you should discuss the specific details with your lawyer.

As for adult felony records, those for any of the following cannot be sealed:

• Traffic offenses;
• Driving under the influence (DUI);
• Unlawful sexual behavior;
• Child abuse;
• Extraordinary risk crime under Colorado law;
• Any offense involving domestic violence, cruelty to animals, or identity theft; and
• Any offense that involved a pregnant victim or a special offender.

Otherwise, you may be able to request for your felony record to be sealed based on the specific offense and the required waiting period under Colorado law (typically between two and five years for different types of felony convictions).

Contact a Denver Felony Defense and Expungement Attorney for Assistance Having Your Colorado Felony Record Sealed

If you have a felony DUI or other type of felony conviction on your record, we know that it can have significant consequences for you. Even after you have completed the terms of the sentence you received, you often need to disclose your felony record on job applications, and it may impact your ability to obtain certain types of professional licenses, certain housing, and even particular forms of credit. As such, you may want to take all possible steps to seal your felony record so that the conviction no longer impacts you in such a significant way. While not all types of felony convictions can be sealed, as we explained above, one of the experienced Denver felony expungement lawyers at DeChant Law can speak with you to determine whether you are likely to be eligible for record sealing or expungement. Contact us for assistance today.

Source:

law.justia.com/codes/colorado/title-24/public/article-72/part-7/section-24-72-706/