Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
How can I get an expungement of a domestic violence conviction in Colorado?
Sealing and expunging domestic violence convictions in Colorado – 3 Things to Know
Colorado domestic violence-related criminal convictions can never be sealed or expunged from the defendant’s record. The conviction remains on the record forever, no matter whether the case was a felony or misdemeanor, or whether the defendant was adjudged guilty through a trial or a plea agreement. But if the criminal charge gets dismissed, defendants can petition to get their arrest records sealed right away.
1. How is sealing different from expungement in Colorado?
Record sealing makes a person’s criminal record invisible, and it should no longer appear on background checks. However, prosecutors and police still have access to these records.
Expunging is a physical destruction of criminal records. The only convictions that may be expunged under Colorado law are juvenile offenses and underage drinking and driving (UDD) convictions. (Scroll down to question 4 about how to expunge juvenile domestic violence convictions.)
2. If my charge gets dismissed, is my criminal record clear?
No, not under Colorado Revised Statutes 24-72 C.R.S. Even when criminal proceedings get dismissed, the arrest records from the criminal case remain on the person’s record. Just having been arrested can look bad to potential employers and landlords, even if there are no conviction records. Therefore, anyone who has arrest records is encouraged to petition for a record seal right away.
3. How do I seal my domestic violence arrest records?
If the domestic violence offense gets dismissed, defendants can go through the following steps to petition for a Colorado criminal record seal:
Obtain a copy of your criminal records from the police department.
Complete the JDF 417 Form (Petition to Seal Arrest & Criminal Records).
File the petition with the appropriate court (which is usually the court where the case was heard).
Wait for the court’s decision to grants or deny the petition or to schedule a hearing on the matter. This may take days or weeks.
If the court issues an order to seal, mail a copy to all the agencies (such as the police and the CBI) that have copies of your arrest records. Agencies usually comply with an order to seal within the month.
Currently, the filing fee to seal arrest records in Colorado is $224.
4. Can I expunge my juvenile domestic violence convictions?
People adjudged delinquent of a domestic violence-related offense in Colorado may be eligible for an expungement unless:
They were adjudicated as an aggravated juvenile offender or violent juvenile offender; or
They were convicted of a felony offense involving unlawful sexual behavior; or
They currently have any criminal or juvenile actions pending
The waiting period to get a juvi domestic violence case expunged depends on how the case resolved:
Final disposition of a juvenile domestic violence case in Colorado
Waiting period to get an expungement
The defendant won an acquittal at trial;
The charge was dismissed by the district attorney; or
The defendant completed:
A juvenile diversion program,
A deferred adjudication (deferred judgment), or
An informal adjustment.
The defendant’s contact with law enforcement did not result in referral to another agency; or
The defendant completed probation, and the court’s jurisdiction terminates.
One year after the case ends.
The defendant wins unconditional release from a commitment to the Department of Human Services; or
The defendant gets unconditional release from parole supervision.
Three years after the case ends.
The defendant was adjudicated as a repeat or mandatory juvenile offender, and court’s jurisdiction terminates.
Five years after the case ends.
5. What other convictions are unsealable in Colorado?
In addition to domestic violence-related convictions, convictions for the following crimes may not be sealed in Colorado:
Class 1, 2, and 3 felonies
Level 1 drug felonies
Class 1 and 2 misdemeanor traffic offenses
Class A and B traffic infractions
Call our law firm for legal advice. Our criminal defense attorneys offer free consultations.
Our law office is based in Denver, but we have attorney-client relationships throughout the state, including Colorado Springs. Our criminal defense lawyers will fight to seal your records.
About the Author
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.
Domestic violence charges carry a serious stigma on a criminal record. If you are charged with a common domestic abuse offense such as Penal Code 243(e)(1) PC domestic battery or Penal Code 273.5 PC corporal injury on a spouse, you and your attorney may want to consider trying to negotiate a plea bargain to another offense–one that will be less ...
When someone has been accused or convicted of domestic violence in Washoe County, Nevada, a judge may enter a restraining order prohibiting the accused from having contact with their accuser or other individuals, among other limits that can be placed on their conduct. If that restraining order is violated, that violation is a separate criminal ...
There are at least five situations where domestic violence is a felony in California. Felony charges under Penal Code 273.5 could be filed if a person: inflicts corporal injury resulting in a traumatic condition upon an intimate partner, commits DV and has certain prior battery convictions within 7 years, commits DV and has a prior domestic ...
If you’ve been arrested and charged with domestic violence in San Bernardino County, you may be scared, in shock, or physically hurt. During such times, it’s important to try to think clearly and take some steps that can go a long way towards protecting yourself, your rights, and your future. The San Bernardino District Attorney’s ...