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How to Get a Felony Off Your Record in Colorado

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A felony has a big impact on a person’s life and if you live in Colorado, you’ve come here trying to find out how to get the felony off your record.  Realize that with all felony records, there are three options you can take. 1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what Colorado offers, let’s review what each of these options actually mean.

Expungement

If you get your record expunged in Colorado it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.

Record Sealing

Sealing your record in Colorado is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.

Pardons

If you receive a pardon in Colorado, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.

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Things to Know Before You Start

First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Colorado.

Felony Expungement in Colorado

Yes, it is possible to expunge your felony in Colorado but only if you were charged as a juvenile.

Sealing a Record in Colorado

Yes, it is possible to seal your record in Colorado but it depends on the felony.

Getting a Pardon in Colorado

Yes, it is possible to get a pardon off your record in Colorado but it depends on the felony.

Second: When trying to clear your record, you really have two options.  The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.  

Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action.  We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process.  Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again.  In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think.  The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing of your record.

Can You Expunge a Felony in Colorado?

You can only expunge your record in Colorado if you were charged as a juvenile.

CANNOT EXPUNGE IF…

You cannot expunge your criminal record in Colorado if you were convicted as an adult.

How to Expunge a Felony in Colorado

Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.If you are not eligible for expungement based on our test, then you should stop here.

Can You Seal Your Criminal Record in Colorado?

Colorado allows both misdemeanor and felony convictions to be sealed under certain circumstances. A waiting period is required (usually 10 years in Colorado) before a petition to seal the record may be filed.

CANNOT SEAL IF…

Fees are still owed. If you still owe fees or other types of restitution. Certain crimes, if your conviction was for a certain type of crime related to unlawful sexual conduct, or if your violation involves a traffic infraction.

How to Seal Your Criminal Record in Colorado

Filing fees for sealing adult records are $224. All forms for sealing records are available at any courthouse or online. Criminal convictions involving controlled substances require an entirely different set of forms. Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record. If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.</li><li>If you are <u>not</u> eligible to seal your record based on our test, then you should stop here.</li><li>If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading. You can obtain your form here. Steps to seal your felony in Colorado Step 1. Obtain your criminal records. You can get  a copy of your criminal records from the police department. Step 2. Obtain your criminal history. You may have to get a current verified copy of his/her criminal history from the Colorado Bureau of Investigations (CBI) Step 3. Fill out a petition to seal forms Step 4. File the petition. Once the forms are filled out, file them with the appropriate court (which is usually the court where the case occurred). For example, a criminal case heard in Denver District Court could also be sealed by that same court. Step 5. The court will review the petition. The court will then either accept or deny the petition. In some cases, the court will schedule a hearing before deciding whether to issue an order to seal. If you are called in for a hearing/interview, you must not only attend but also look and act your best. Dress in the same way you would if you were going to court for a trial (this means, a suit and tie). If allowed, have friends, family members, your boss, neighbors, co-workers and others in your community come along to show their support. The hearing/interview is an excellent opportunity to put a human face onto your application; it lets the court not only see you in person but also see the amount of support you have in your community. Step 6. If the judge issues an order to seal, the person then sends copies to all of the agencies that have his/her criminal records on file (such as the police department and the CBI).</p>

Can You Apply for a Pardon in Colorado?

In order to even be recommended for a pardon by the Executive Clemency Advisory Board, you must have completed your sentence and demonstrate that you have fully been rehabilitated and re-integrated into society.

CANNOT PARDON IF…

You’ve not completed your sentence or been reintegrated. You cannot even be recommended for a pardon by the Executive Clemency Advisory Board, you must have completed your sentence and demonstrate that you have fully been rehabilitated and re-integrated into society. 10 years have not passed additionally, generally 10 years must have passed since you completed your sentence. Out-of-State Conviction, the Governor can only grant a pardon for a Colorado State conviction. For a Federal Conviction, The Department of Justice can only grant a pardon for a federal offense

How to Apply for a Pardon in Colorado

Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record.  In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon. If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.  If you are eligible based on our test, then you should stop here. If you are eligible based on our test and want to do this without a lawyer, continue reading. The pardon application is available online by visiting this website. You can also write to: Director of Executive Clemency

940 Broadway

Denver, CO 80203-1792

Phone: 303-763-2428

Steps to pardon your felony in Colorado

Step 1.  You will need to submit a personal letter to the Governor stating the reasons why you need a pardon or commutation. Your personal statement should be detailed, honest, and grammatically well written. Simply saying “I want to have a clean record” is not enough. Keep in mind that the Board/Governor will not be retrying you for the offense. Although you may want to explain the facts and circumstances of the crime from your perspective, avoid trying to make excuses for your crime and arguing away your guilt.Whatever you feel about the crime, you had already been found guilty. The Board/Governor is probably more interested in seeing your remorse for the crime, and your understanding of its effects on the victim and society, than anything else. If it applies to you, explain how you have been passed over for employment opportunities because of your conviction. Explain how this has prevented you from obtaining decent employment to support you and/or your family.If you are pursuing a particular career or a license in a particular trade or profession that requires you to obtain a pardon, explain this and send documents, letters, or other types of proof from a prospective employer or licensing agency verifying this requirement. Perhaps explain what your plans are in the event you are granted a pardon. Also, if you are facing deportation because of the conviction, explain how being separated from you family will negatively affect you and your family. In your personal statement you should detail all the positive things that have occurred in your life, like educational achievements, a new or steady job, marriage and children, community involvement, charitable donations, awards and recognitions, etc. Step 2. You will need to submit some or all of the following along with your personal statement and application: Federal and State tax return transcripts for last five years. Verification of employment for the past five years. The pardon board recommends that you submit letters from employment supervisors on company letterhead stating the date hired, date employment terminated, and job performance. Pay stubs for last three months from employer.Reports from community parole officer/probation officer addressing adjustment to community placement. Discharge documents.Color photocopy of driver’s license. Current FBI record or arrest record. Attach completed fingerprint card. Any other information (documents, exhibits, etc.) that you would like the Governor to consider along with your application. Step 3. There may or may not be a hearing/personal interview with the Executive Clemency Advisory Board and/or the Governor.If you are called in for a hearing/interview, you must not only attend but also look and act your best. Dress in the same way you would if you were going to court for a trial (this means, a suit and tie). If allowed, have friends, family members, your boss, neighbors, co-workers and others in your community come along to show their support. The hearing/interview is an excellent opportunity to put a human face onto your application; it lets the Board/Governor not only see you in person but also see the amount of support you have in your community.

So, there you have it. Three separate ways to get rid of your record in Colorado.  As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.

Please note, the information contained here is not legal advice and is strictly informational and may be outdated.  If you have any further questions about the information above, or in general, you need to contact a lawyer directly.

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