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MCCLUSKEY LAW OFFICE
MCCLUSKEY LAW OFFICE is a criminal defense law office dedicated to protecting the rights of individuals charged with crimes. M. E. McCluskey, Esq. is available to represent clients charged with FELONIES and or MISDEMEANORS in Arvada, Aurora, Bennett, Beyers, Boulder, Breckenridge, Brighton, Broomfield, Castle Rock, Centennial, Cherry Creek, Denver, Edgewater, Engelwood, Federal Heights, Fort Collins, Fort Lupton, Fort Morgan Greeley, Greenwood Village, Frederick, Highlands Ranch, Kiowa, Lakewood, Lakeside, Littleton, Lochbuie, Lodo, Longmont, Louisville, Loveland, Northglenn, Parker, Platteville, Sheridan, Strasburg, Thornton, Telluride, Vail, Watkins, Westminster, Wheat Ridge, Windsor, Front Range communities and ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, CLEAR CREEK, DENVER, DOUGLAS, EL PASO, GILPIN, JEFFERSON, LARIMER, and WELD counties.
SEALING CRIMINAL RECORDS
Employers may be reluctant to hire an applicant with an open criminal record.
24-72-702.5 (1) In addition to the procedures in section 24-72-702, any time a case against a person in interest is completely dismissed, where the person in interest is acquitted, the person in interest completes a diversion agreement under section 18-1.3-101, C.R.S., or the person in interest completes a deferred judgment and sentence under section 18-1.3-102, C.R.S., the court shall give the defendant eligible to have his or her criminal justice records sealed the option of immediately moving to have his or her criminal justice records sealed.
Criminal background checks are easily done on the internet.
Sealing Criminal Records
Juvenile Criminal Records
19-1-306 Expungement of Juvenile Delinquent Records
"Expungement" as defined in 19-1-103 (48) means the designated juvenile delinquency records are deemed never to have existed. Below are excerpts from the sealing statutes.
(c) The court may order expunged all records in the petitioner's case in the custody of the court and any records in the custody of any other agency or official if at the hearing the court finds that:
(I) The petitioner who is the subject of the hearing has not been convicted of, or adjudicated a juvenile delinquent for, any felony offense or a misdemeanor offense involving domestic violence, unlawful sexual behavior, or possession of a weapon since the termination of the court's jurisdiction or the petitioner's unconditional release from parole supervision; (II) No proceeding concerning a felony, misdemeanor, or delinquency action is pending or being instituted against the petitioner; (III) The rehabilitation of the petitioner has been attained to the satisfaction of the court; and (IV) The expungement is in the best interests of the petitioner and the community.
(6) A person is eligible to petition for an expungement order:(a) Immediately upon:(I) A finding of not guilty at an adjudicatory trial;(II) Dismissal of the petition in its entirety as a result of nonprosecution of the offense; or(III) Successful completion of a juvenile diversion program, a deferred adjudication, or an informal adjustment;(a.5) At any time for the purposes described in paragraph (d) of subsection (5) of this section;(b) One year from the date of:(I) A law enforcement contact that did not result in a referral to another agency; or(II) The termination of the court's jurisdiction over the petitioner after successful completion of probation;(c) Three years from the date of:(I) (Deleted by amendment, L. 2013.)(II) The petitioner's unconditional release from commitment to the department of human services; or(III) The petitioner's unconditional release from parole supervision; or(IV) (Deleted by amendment, L. 96, p. 1163, 6, effective January 1, 1997.)(d) Five years from the date of the termination of the court's jurisdiction over the petitioner or the petitioner's unconditional release from probation or parole supervision, whichever date is later, if the juvenile has been adjudicated a repeat or mandatory juvenile offender and if the juvenile has not further violated any criminal statute.
(7) The following persons are not eligible to petition for the expungement of any juvenile record:(a) Any person who has been adjudicated as an aggravated juvenile offender pursuant to section 19-2-516 (4) or a violent juvenile offender pursuant to section 19-2-516 (3);(b) (Deleted by amendment, L. 2013.)(c) Any person who, as a juvenile, has been charged by the direct filing of an information in the district court or by indictment pursuant to section 19-2-517, unless the person was sentenced as a juvenile in the same matter;(d) Any person who has been adjudicated for an offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.;(e) Any person who has failed to pay court-ordered restitution to a victim of the offense that is the basis for the juvenile record.(8) A person may file a petition with the court for expungement of his or her record only once during any twelve-month period.
MCCLUSKEY LAW OFFICE is a criminal defense law office dedicated to protecting the rights of individuals charged with crimes. M. E. McCluskey, Esq. is available to represent convicted felons and misdemeanants at the SEALING OF CRIMINAL JUSTICE RECORDS HEARING to petition to get their criminal records sealed for individuals in Arvada, Aurora, Bennett, Beyers, Boulder, Breckenridge, Brighton, Broomfield, Castle Rock, Centennial, Cherry Creek, Denver, Edgewater, Engelwood, Federal Heights, Fort Collins, Fort Lupton, Fort Morgan Greeley, Greenwood Village, Frederick, Highlands Ranch, Kiowa, Lakewood, Lakeside, Littleton, Lochbuie, Lodo, Longmont, Louisville, Loveland, Northglenn, Parker, Platteville, Sheridan, Strasburg, Thornton, Telluride, Vail, Watkins, Westminster, Wheat Ridge, Windsor, Front Range communities and ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, CLEAR CREEK, DENVER, DOUGLAS, EL PASO, GILPIN, JEFFERSON, LARIMER, and WELD counties.
SENATE BILL 16-116 went into effect on June 10, 2016 when Governor Hickenlooper signed the Bill.
This Bill created an alternative simplified process for the sealing of criminal justice records other than convictions.
Any time a case is completely dismissed, or the person is acquitted, or the person completes a diversion agreement under 18-1.3-101, C.R.S. or the person completes a deferred judgment, the defendant may move to have his/her criminal justice records sealed by an oral motion or by filing a written motion without also having to file an independent civil action under the amendment to 24-72-702.5.
The process for sealing criminal justice records remains the same for criminal convictions and requires an independent civil action to be filed.
In this day of the internet it's easy for just about any one to run a criminal background search. Sealing records involves filing numerous meticulously filled out documents with the courts and agencies.
Convictions and arrest records can have a highly negative impact on your life. Some employers are hesitant or simply refuse to consider hiring applicants with an arrest record. Colorado is an open records state which means that the general public can search Colorado criminal records. In the age of the internet, criminal history records are widely available. The general public can easily search through the Colorado Bureau of Investigation website. Arrest records and convictions will show up on a criminal background check. If you have a conviction for a controlled substance then you may be eligible to have your case sealed under C.R.S. §24-72-308, 308.6, or §24-72-308.9 making your arrest records inaccessible to the general public. Municipal Ordinance violations may be sealed after three years for certain offenses and five years for other offenses. Law enforcement will still have access to your arrest records and deferred judgments. If you have a conviction for Underage Drinking and Driving (BAC .02 but no more than .05) you may be eligible to petition for expungement pursuant to §42-4-1715(1)(b)(I).
Convictions, Controlled Substances, Municipal and Petty Offense Records -You may be eligible to seal your arrest or criminal records pursuant to 24-72-308 if you meet certain requirements. You may be eligible for sealing records of convictions for offenses involving controlled substances after a waiting period based on the level of offense, e.g. for a petty offense or class 2 or 3 misdemeanor you may petition to have your records sealed three years after the final disposition or all criminal proceedings. Senate Bill 13-229 enacted §24-72-308.9 in 2013 which allows sealing of criminal convictions records for municipal and petty offenses. Even a municipal conviction can have a negative impact on your life. Depending on the nature of the offense, many employers won't consider hiring someone with a conviction for a municipal offense.
Convictions that are ineligible to be sealed:
If you were convicted of an offense that had a factual basis of unlawful sexual behavior , §16-22-102(9) or of a DUI, §42-4-1301(1) or (2), a class 1 or 2 misdemeanor traffic offense or class A or class B Traffic Infraction, or the offense pertains to a CDL, (commercial driver's license), you won't be able to seal those records.
24-72-708. Sealing of criminal conviction records information for petty offenses and municipal offenses for convictions(1) Sealing of conviction records. (a) A defendant may petition the district court of the district in which any conviction records pertaining to the defendant for a petty offense or municipal violation are located for the sealing of the conviction records, except basic identifying information, if:(I) The petition is filed three or more years after the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction, whichever is later; and(II) The defendant has not been charged or convicted for a felony, misdemeanor, or misdemeanor traffic offense in the three or more years since the date of the final disposition of all criminal proceedings against him or her or the date of the defendant's release from supervision, whichever is later; and(III) The conviction records to be sealed are not for a misdemeanor traffic offense committed either by a holder of a commercial learner's permit or a commercial driver's license, as defined in section 42-2-402, C.R.S., or by the operator of a commercial motor vehicle, as defined in section 42-2-402, C.R.S.
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