Experienced Telluride Expungement Attorney
Expungement is the legal process of sealing records related to arrests, criminal cases and convictions. A successful expungement will essentially erase someone’s criminal record, meaning that any prior arrests or qualifying criminal cases/convictions will not appear on public background checks.
While pursuing an expungement can give you with a fresh start, potentially opening up career and other opportunities, there are very strict rules regarding who can obtain an expungement in Colorado.
Telluride Expungement Lawyer Jon R. Fee has extensive experience helping clients successfully seal their criminal records. Strategic, diligent and dedicated, Mr. Fee is ready to discuss your situation, explain the next steps and get you on track to expunge your criminal record.
Are You Ready to Pursue an Expungement?
Call (970) 335-9278 or Email the Law Office of Jon R. Fee, LLC For a Free, Confidential Consultation
The Law Office of Jon R. Fee, LLC is open 7 a.m. to 9 p.m. (Monday through Friday). However, Mr. Fee is available evenings and weekends to meet with clients, address their needs and help them navigate the criminal justice system.
Is There a Difference Between Record Sealing & Expungement?
Yes. While these terms are often used interchangeably:
- Record sealing means that arrest and criminal records are completely erased, as if the records never existed. This option is generally reserved for certain juvenile records.
- Expungement means that arrest and criminal records are sealed so that the public cannot see them (but legal authorities can access them, if needed, in the future). Usually, a court order is necessary for the proper authorities (like police or prosecutors) to access records that have been expunged.
Colorado law sets forth different procedures for sealing versus expunging criminal records.
Who Qualifies for an Expungement in Colorado?
An expungement can be pursued if or when someone has been:
- Arrested but never officially charged for an offense, as long as the investigation is no longer pending and/or the statute of limitations for the offense has already expired
- Arrested for and charged with a criminal offense, with the charges being dropped or dismissed OR the case ending in an acquittal
- Arrested for, charged with and convicted of certain petty, municipal or misdemeanor offenses, as long as all of the terms of the sentence (like diversion programs and court fines) have been satisfied – In some cases, the convicted individual may need to wait at least 10 years (from the date of conviction) to seek an expungement, and (s)he must have maintained a clean criminal record over this waiting period.
Colorado law prohibits expungements for records pertaining (but not limited) to:
- DUIs, Class A & B traffic infractions and Class 1 & 2 misdemeanor traffic offenses
- Criminal convictions or cases associated with unpaid court fines
- Criminal convictions involving violent felonies.
How Do I Pursue an Expungement in Colorado?
The Colorado expungement process can be involved, and taking the right steps at every phase is crucial to successful outcomes. The following provides a simplified overview of the steps generally involved in seeking an expungement in Colorado:
- Obtain the criminal records – This will involve tracking down specifics like arrest numbers and case report numbers.
- Complete and file the proper forms with the court – There are various forms that need to be filled out and submitted to the court, and making mistakes on these forms can lead to delays, additional costs and possibly denials of the expungement petition. When filing the paperwork with the court, the petitioner will also have to pay the court filing fees ($224).
- Wait for the court to review the petition – Following this review, the court may outright deny or approve the petition without a hearing. Or it may schedule a hearing for further review of the petition.
- Prepare for and attend the expungement hearing – During this proceeding, the court may question the petitioner and ask if there are any objections to the expungement. At the end of the hearing, the court will either grant or deny an order for expungement.
- Notify the proper agencies of an expungement order – If the court grants the expungement order, it will be up to the petitioner to notify the Colorado Bureau of Investigation about the court order. Failing to complete this step can result in criminal records not being sealed.
Here, it’s crucial to understand that:
- The expungement petition must be filed in the county where the arrest occurred and/or where the criminal charges were filed.
- A separate case must be filed for each record you would like expunged, unless the records are associated with the same offense.
- You can only petition the courts for an expungement once every 12 months.
Find Out If You Qualify for a Colorado Expungement:
Contact Experienced Telluride Criminal Defense Lawyer Jon R. Fee
If you or a loved one is ready to expunge a criminal record and obtain a fresh start, it’s time to contact experienced Telluride Expungement Lawyer Jon R. Fee.
Call (970) 335-9278 or Email the Firm for a Free, Confidential Consultation.
Highly respected among colleagues, Mr. Fee is trusted ally and advocate for his clients, dedicated to helping them:
- Understand the situation, their options and the best ways to proceed
- Protect their rights and interests
- Achieve the best possible resolutions to their cases.
Telluride Criminal Defense Lawyer Jon R. Fee is licensed to practice in the states of Colorado and Maryland, as well as in the U.S. District Court for the District of Colorado. His enduring record of excellence, professionalism and success has earned him a 5-star rating on Facebook.