Drug charges can follow you for life. Even though the conviction is years behind you, you may face challenges seeking employment, housing, loans, and other opportunities. What if you could remove the charges from your record? In other words, are drug charges able to be sealed in Colorado?
The state of Colorado does have a procedure for sealing non-violent charges and convictions. Learn more below from a Greeley criminal defense attorney.
What Does It Mean for Drug Charges To Be “Sealed?”
Drug-related charges and convictions become part of your criminal record. Criminal records are public in Colorado, meaning anyone could find your drug charge if they looked hard enough. This information would readily appear on a background check, which is necessary for a range of opportunities, such as:
- Applying for a job, especially one in a school or healthcare facility
- Applying for housing
- Receiving a professional license
- Buying a gun
- Applying for a loan
- Living in an area with a homeowners’ association
Criminal record sealing is the process of hiding a charge or conviction from public view. Once a record is “sealed,” it will no longer show up on background checks. The average person or agency would not be able to find your drug charges. This information would only be visible in limited circumstances, such as law enforcement employment applications or certain government security clearances. [TG1]
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Criminal Record Sealing vs. Expungement
Many people use the terms “record sealing” and “expungement” interchangeably, but in Colorado, they are separate processes. Record sealing makes a criminal record inaccessible to the public, while expungement destroys it entirely.
Colorado generally only permits expungement for underage drinking and driving convictions and other juvenile offenses*. You may qualify for drug offense expungement if the charge occurred when you were a minor.
*This reflects current law as of publication date (expungement laws can change).
Can You Seal Drug Charges and Convictions?
If you were charged with the possession of drugs and then your case was dismissed, or you were acquitted, you can request the charge to be sealed immediately. You shouldn’t have to face negative consequences from wrongful drug charges.
If you were convicted, you may be able to request for the conviction to be sealed after a specific waiting period:
- Petty drug offenses: One year after the conviction
- Misdemeanors: Between two to five years after the conviction, depending on the level of misdemeanor
- Level 3 or 4 drug felonies: Between three and seven years after the conviction
- Marijuana possession: Immediately, as long as the conviction was after December 10, 2012, under the Colorado revised statutes
Speak with a criminal defense attorney about when you may be eligible to seal your controlled substance charges.
The Process for Criminal Record Sealing in Colorado
Meeting the eligibility criteria doesn’t automatically mean your drug charges will be able to be sealed in Colorado. You need to file a petition to seal with the Colorado Judicial Department. There are different petition forms depending on whether your charges were in the county, district, or municipal court.
The District Attorney will review your charges and determine whether to seal them. If the DA objects to your petition, you can request a hearing and present your case in person. The petition process does include filing fees, which may be waived for indigent petitioners. An attorney can assist you with this process.
Seek Assistance With Criminal Record Sealing
Are drug charges able to be sealed in Colorado? Yes, and sealing these charges can help you put them behind you and avoid facing further negative consequences.
Grant & Associates Law Firm can help you navigate the criminal record sealing process. This article is for informational purposes only and is not intended to provide legal advice. Our attorneys have extensive experience representing clients through drug charges and convictions. Allow us to help you improve your outcomes during this trying time.
Contact us today at 970-356-5666 or fill out our online form to request a free consultation. All communication is confidential.