Aggressive Criminal Charge Representation
Exceptional Results Require Outstanding Attorneys
We Fight To Get You The Best Possible Outcome With Your Criminal Case
This new house bill repeals and reenacts the statutes related to sealing criminal justice records. There is now a simplified process to seal criminal records in circumstances where:
1. A case against a defendant is dismissed because the defendant is acquitted of all counts;
2. A diversion agreement is completed by the Defendant when a criminal case has been filed; or
3. The defendant completes a deferred judgment and sentence and all counts are dismissed.
The court seals those records within the criminal case without the necessity of a separate civil action being required.
Bill 19-1275 allows a defendant to petition for sealing criminal records when there is a criminal conviction without a separate civil action:
If the offense is a petty offense, drug petty offense – the motion may be filed 1 year after the later of the date of the final disposition of all criminal proceedings against the defendant or the release of defendant from supervision regarding a criminal conviction. The court seals the records if the defendant has not been convicted of a criminal offense since the later of the above dates.
If the offense is a class 2 or 3 misdemeanor or any drug misdemeanor, the motion can be filed 2 years after the later of the date of the final disposition of all criminal proceedings or the release from supervision. The district attorney can object to the sealing; however, if they do not object and the crime is not a victims’ rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim requests a hearing, the court will decide on the sealing of records.
If the offense is a class 4, 5 or 6, a level 3 or 4 drug felony, or a class 1 misdemeanor, a motion may be filed 3 years after the later of the date of final disposition of all criminal proceedings or the release of defendant from supervision concerning criminal conviction. Once again, the district attorney can object but if they do not and the crime is not a victims’ rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the dates above. If the district attorney objects or the victim requests a hearing, the court will decide on the sealing of the records after hearing.
For all other offenses, the petition may be filed 5 years after the later of the date of the final disposition of all criminal proceedings or the release of defendant from supervision concerning a criminal conviction. The district attorney can object to the sealing; however, if they do not object and the crime is not a victims’ rights act crime, the court seals the case if the defendant has not been convicted of a criminal offense since the later of the above dates. If the district attorney objects or the victim requests a hearing, the court will decide on the sealing of records.
The bill outlines the offenses that sealing is not eligible for including class 1, 2 and 3 felonies and level 1 drug felonies. The bill retains the specific record sealing provisions for when no charges are filed and for victims of human trafficking, municipal offenses and posting intimate photos of a person offenses.
Key point here is: The bill states a defendant is not required to waive his or her right to file a motion to seal as a condition of a plea agreement.
Contact our Colorado Springs criminal defense lawyers with any questions or to discuss your case.
This article was written by Michael Stuzynski of Rector Stuzynski Law Firm. Michael is a decorated criminal defense attorney that has been helping Colorado Springs clients reduce and dismiss criminal charges since 2013. With hundreds of criminal cases defended over the years, Michael is an expert in all areas of criminal law, trial and litigation.
We provide legal services for clients with criminal charges throughout the state of Colorado, but we focus on clients in these areas: Colorado Springs, Manitou Springs, Cimmaron Hills, Northeast Colorado Springs, Southeast Colorado Springs, Stratmoor, Fort Carson, Air Force Academy, East Colorado Springs, Old Colorado City, Pleasant Valley, Broadmoor, Stratton Meadows, Fountain, Northwest Colorado Springs, Gleneagle, Northgate, Briargate, Monument, Woodmoor, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Falcon, Calhan, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and nearby cities.
We serve criminal defense clients in the following zip codes: 80907, 80909, 80918, 80917, 80931, 80932, 80933, 80934, 80935, 80936, 80937, 80941, 80942, 80946, 80947, 80949, 80950, 80960, 80962, 80977 ,80995 ,80997 80901, 80912, 80904, 80915, 80905, 80910, 80923, 80922, 80919, 80920, 80916, 80939, 80914, 80951, 80924, 80927, 80938, 80906, 80840, 80829, 80902, 80809, 80841, 80911, 80908, 80929, 80819, 80921, 80925, 80132, 80926, 80913, 80863, 80817, 80831, 80133, 80930, 80860, 80814, 80813, 80118, 80106, 80928, 80866, 80816, 80808, 80104, 80116, 81008, 80864, 80135, 81240, 81007, 80109, 81290, 80107, 80108, 80425, 81215, 81221, 80117, 80827, 81212, 80134, 80835, 81003, 80131, 81226, 81001, 80138, 80125, 81002, 81009, 81010, 81011, 81012, 80124, 81244, 80126, 80820, 80130, 80163, 80433, 80129, 80833, 80112, 80832, 81025, 81005, 81223, 81006, 80470, 80127, 80122 and beyond.
131 S Weber St.
Colorado Springs, CO 80903
(719) 578-1106
Open 24/7
Available by Phone 24/7
Rector Stuzynski Law Firm
East Location
6045 Barnes Rd.
Colorado Springs, CO 80922
(719) 304-2323
Open 24/7
Available by Phone 24/7
Consultations are always free and available 24/7 over the phone.
