If you have a criminal record in Englewood, Colorado, you may be able to seal or expunge certain offenses to help move forward with employment, housing, or other opportunities. Understanding the difference between sealing and expungement, what qualifies, and how the process works in Colorado can help you decide whether it's time to pursue record relief and what kind of legal help you might need.
This guide walks you through Colorado's current laws on record sealing and expungement, what types of offenses may qualify in Englewood, the steps involved, and how to find a lawyer who can help you navigate the process.
Understanding Record Sealing vs. Expungement in Colorado
Colorado law distinguishes between sealing and expungement, and the terms are not interchangeable. Here's what each one means:
Sealing a record means your criminal record still exists, but it's hidden from most public view. Sealed records generally won't show up on standard background checks used by most employers or landlords. However, certain government agencies, law enforcement, and some licensing boards may still be able to access sealed records under specific circumstances.
Expungement in Colorado refers to the complete destruction of arrest records when charges were dismissed, you were acquitted, or the case was otherwise resolved in your favor. Expungement is more limited in scope than sealing—it applies primarily to situations where you were not convicted.
Most people seeking record relief in Englewood will be pursuing sealing rather than expungement, since Colorado's sealing laws cover a broader range of convictions and situations. Understanding which option applies to your case is the first step.
What Types of Criminal Records Can Be Sealed in Englewood?
Colorado law allows sealing for several categories of criminal records, but not all offenses qualify. Here's what may be eligible:
Convictions that can be sealed: Many misdemeanor and felony convictions can be sealed after a waiting period. For most petty offenses and misdemeanors, you must wait one year after the completion of your sentence (including probation). For drug misdemeanors and felonies, the waiting period is typically three years. For other felonies, the waiting period is generally five years.
Dismissed charges and acquittals: If you were arrested but charges were dismissed, or if you went to trial and were found not guilty, you may be eligible to expunge (completely erase) the arrest record. There is no waiting period for expungement of acquittals or dismissals.
Cases resolved through deferred judgment or diversion: If you completed a deferred judgment or pretrial diversion program, you may be able to seal the record once the case is dismissed. The timing depends on the terms of your agreement and when the dismissal becomes final.
Offenses that cannot be sealed: Colorado law prohibits sealing certain serious offenses, including most sex offenses, crimes involving children as victims, class 1 and class 2 felonies (with some exceptions for drug felonies), and DUI or DWAI convictions. Traffic offenses also generally cannot be sealed. If you were convicted of a crime requiring sex offender registration, that conviction cannot be sealed.
Each case is different. Even if your offense type is generally sealable, you may not qualify if you have additional convictions, pending charges, or other circumstances that make you ineligible under Colorado law.
The Process for Sealing Records in Englewood
Sealing a criminal record in Colorado requires filing a petition with the court where your case was handled. For offenses in Englewood, this typically means filing in Arapahoe County Court for county-level cases, or in the appropriate district court for felony cases. Here's what the process generally involves:
Determine eligibility: You'll need to review your criminal history to confirm that the offense you want sealed qualifies under Colorado law, that you've completed your sentence and any waiting period, and that you don't have disqualifying factors like pending charges or recent convictions.
Obtain your criminal history: You can request a copy of your Colorado Bureau of Investigation (CBI) criminal history to see what's on your record. This helps you identify what needs to be sealed and confirm the details of your case.
Prepare and file a petition: You must file a petition to seal records with the court. The petition must include specific information about your case, the offense, the date of conviction or dismissal, and why sealing is appropriate. Colorado has official forms for some sealing petitions, but the requirements vary depending on the type of offense and the outcome of your case.
Serve notice to the prosecution: In most cases, you must notify the district attorney's office that prosecuted your case. The prosecution has the right to object to your petition.
Attend a hearing (if required): Depending on the type of offense and whether the prosecution objects, the court may schedule a hearing. At the hearing, a judge will consider whether sealing your record is in the interest of justice and whether you meet all legal requirements. You may need to explain why sealing the record will help you and demonstrate that you've been rehabilitated.
Receive the court's order: If the judge grants your petition, the court will issue an order directing law enforcement agencies, the CBI, and other entities to seal the record. You should receive copies of the order, and it can take several weeks for the sealing to be fully processed across all databases.
The process can be complicated, especially if your case involved multiple charges, plea agreements, or probation violations. Many people hire a lawyer to handle the petition, ensure all paperwork is correct, and represent them at any hearing.
Expungement for Dismissed Charges and Acquittals
If you were arrested in Englewood but never convicted—because charges were dropped, dismissed, or you were found not guilty at trial—you may be eligible to expunge the arrest record entirely. Expungement is more complete than sealing because it results in the destruction of the record, not just restricting access to it.
To expunge an arrest record, you must file a petition with the court where the charges were filed. You'll need to show that the case was resolved in your favor and that no conviction resulted. The process is similar to sealing: you file paperwork, notify the prosecution, and possibly attend a hearing.
Colorado law allows immediate expungement for acquittals and dismissals without a waiting period. If your case ended favorably, it's worth exploring expungement sooner rather than later, especially if the record is affecting your ability to find work or housing.
How Record Sealing Affects Background Checks and Employment
One of the main reasons people seek to seal criminal records is to improve job prospects. In Colorado, once a record is sealed, it should not appear on most background checks conducted by private employers, landlords, or licensing agencies. You are generally allowed to answer "no" when asked on job applications whether you have been convicted of a crime, as long as the conviction has been sealed.
However, sealing does not completely erase your record from every database. Certain government agencies, law enforcement, and some professional licensing boards may still have access to sealed records under specific circumstances. For example, if you apply for a job that requires FBI clearance, fingerprint-based background checks, or work in sensitive fields like education or healthcare, sealed records may still be discoverable.
It's also important to know that sealing a Colorado record does not affect records held by other states or federal agencies. If you were convicted in another state or in federal court, you would need to pursue sealing or expungement in those jurisdictions separately.
Costs, Timelines, and What to Expect
Filing fees for sealing petitions in Colorado vary by court and case type, but generally range from $65 to $224. If you cannot afford the filing fee, you may be able to request a fee waiver by filing an affidavit of indigency.
The timeline for sealing a record depends on several factors: whether the prosecution objects, whether a hearing is required, and how busy the court is. In straightforward cases with no objections, the process can take two to four months from filing to final order. If the prosecution objects or the court requires a hearing, it may take longer.
Once the court grants your petition, it can take several additional weeks for the sealing order to be processed by the CBI and other agencies. You may want to obtain an updated criminal history after the order is processed to confirm that the record has been sealed.
Hiring a lawyer can add to the cost but often speeds up the process and increases the likelihood of success, especially for felony convictions or cases with complicating factors. Legal fees for sealing services vary depending on the complexity of your case, but many Colorado lawyers offer flat-fee arrangements for straightforward sealing petitions.
When You Should Consider Hiring a Lawyer
While it's possible to file a sealing petition on your own, many people benefit from working with a lawyer who understands Colorado's record sealing laws and the specific procedures in Arapahoe County courts. Here are situations where legal help is especially useful:
- You're unsure whether your offense qualifies for sealing or expungement
- You have multiple convictions or a complicated criminal history
- The prosecution is likely to object to your petition
- Your case involved a plea deal, deferred judgment, or probation violation
- You need to attend a hearing and want representation
- You want to ensure all paperwork is filed correctly the first time
A criminal defense or expungement lawyer can review your record, determine what's eligible, prepare the petition, handle service to the prosecution, and represent you at any hearing. They can also advise you on whether pursuing record relief is worth the cost and effort in your specific situation.
If you're considering hiring a lawyer, ask about their experience with Colorado sealing cases, their success rate, what services are included in their fee, and what timeline you can expect. Many lawyers offer free consultations where you can discuss your case and get an initial assessment of your options.
Finding the Right Legal Help in Englewood
If you're ready to pursue record sealing or expungement in Englewood, finding a qualified Colorado lawyer is your next step. You'll want someone who practices criminal defense or expungement law and has experience with the courts in Arapahoe County.
When searching for a lawyer, consider asking:
- How many sealing or expungement cases have you handled in Colorado?
- What's your success rate with cases like mine?
- What's your fee structure, and what's included?
- How long will the process take?
- Will you represent me at a hearing if one is required?
You can search for lawyers in Colorado who handle expungement and record sealing through professional directories like Local Lawyers Colorado. Look for attorneys who focus on criminal defense, as they're most likely to have the expertise you need for record relief.
Understanding your rights and options is the first step toward clearing your record. Whether you're eligible for sealing, expungement, or need to explore other forms of relief, knowing what Colorado law allows and how the process works will help you make informed decisions about your future.
Frequently Asked Questions
How long does it take to get a record sealed or expunged in Englewood, Colorado?
The timeline for sealing a record in Englewood typically ranges from two to four months for straightforward cases with no objections from the prosecution. If the district attorney objects or the court requires a hearing, the process can take longer—sometimes six months or more. Once the court grants your petition, it may take several additional weeks for the Colorado Bureau of Investigation and other agencies to process the sealing order across their databases. Expungement of dismissed charges or acquittals often follows a similar timeline. Working with a lawyer can help ensure paperwork is filed correctly and may help move the process along more efficiently.
Will a sealed record show up on a background check for employment in Colorado?
Once a record is sealed in Colorado, it generally will not appear on standard background checks conducted by most private employers, landlords, or licensing agencies. You are typically allowed to answer "no" when asked on job applications whether you have been convicted of a crime, as long as the conviction has been sealed. However, certain government agencies, law enforcement, and some professional licensing boards may still be able to access sealed records under specific circumstances. Fingerprint-based FBI background checks or positions requiring high-level security clearances may still reveal sealed records. Sealing does not affect records held by federal agencies or other states.
What types of criminal charges can be expunged in Englewood?
In Colorado, expungement specifically refers to the complete destruction of arrest records when charges were dismissed, you were acquitted at trial, or the case was otherwise resolved in your favor without a conviction. You can expunge arrest records for any offense if you were not convicted—there is no waiting period for expungement of acquittals or dismissals. However, if you were convicted, you would pursue sealing rather than expungement. Sealed convictions may include many misdemeanors and felonies after a waiting period, but serious offenses like most sex crimes, crimes involving children, class 1 and class 2 felonies (with some drug felony exceptions), and DUI convictions cannot be sealed. Each case is unique, so reviewing your specific record with a lawyer will help determine what relief is available.