Arrest and court records are public information. Anyone in Colorado can request to see your public records and this could cause you embarrassment and hardship. It may make it difficult for you to find a job or obtain an education, even if the sentence was deferred or you were not found guilty.
Arrest and court records are public information. Anyone in Colorado can request to see your public records and this could cause you embarrassment and hardship. It may make it difficult for you to find a job or obtain an education, even if the sentence was deferred or you were not found guilty. Colorado allows you to immediately apply for an expungement for cases in which you were not found guilty.
Gather the required documents including all court records concerning your case, and the paperwork showing your deferred sentence resulted in the case being dismissed. Obtain all arrest records and reports from the citing police department.
Complete all portions of three forms found on the Colorado Judicial Branch's website. These forms are "Petition to Seal Arrest and Criminal Record," "Order to Seal Arrest and Criminal Record," and "Order and Notice of Hearing." Print the forms and use black ink to fill them out completely.
Fill out the top portion of a fourth form, "Order Denying Petition to Seal Arrest and Criminal Record." The court will send this form to the district attorney and the arresting law enforcement agency to give them a chance to object. If they object, a hearing will be scheduled.
Obtain one self-addressed, stamped envelope for every agency listed. Make a photo copy of the "Petition to Seal" for each one of these agencies.
Go to the district court in the county you received your deferred sentence. File the paperwork with the clerk and pay the $224 filing fee.
Wait for a response from the court and attend a hearing, if requested. At the hearing you may need to defend your petition to expunge in front of a judge and prosecutor. You may hire a defense attorney to represent you at the hearing.
Receive a judgment on your petition. If the petition is successful it is your responsility to mail a copy of the approval to every agency you ordered to expunge. If you fail to do so, your record may still exist with that agency.
If you file the petition yourself you will be held to the same legal standards as a Colorado attorney. Consider hiring an attorney.
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