Home » Blog » How to expunge a felony in Colorado?

How to expunge a felony in Colorado?

How to Expunge a Felony in Colorado?

Are you looking to erase the stigma of a felony conviction in Colorado? Expungement can be a lifeline, allowing you to start anew and move on from the past. But, it’s not a straightforward process. In this article, we’ll break down the steps to follow to successfully expunge a felony in Colorado.

What is Expungement?

Bulk Ammo for Sale at Lucky Gunner

Expungement is a legal process that removes or "expunges" criminal records from your file, making it legal to say you were never convicted. In Colorado, expungement is often referred to as "criminal record sealing." The process varies depending on the jurisdiction, but in Colorado, it’s governed by state law (C.R.S. 18-1.3-1001).

Who is Eligible for Felony Expungement in Colorado?

To be eligible for felony expungement in Colorado, you must meet specific criteria:

  • You must have completed your sentence (including probation) or received a full pardon
  • You must not have committed any new crimes within 10 years of the filing of the petition for expungement
  • The felony must not have involved a sexual offense, as outlined in C.R.S. 18-6-302
  • The felony must not have resulted in the death or injury of another person

How to Expunge a Felony in Colorado

To expunge a felony in Colorado, follow these steps:

Step 1: Gather Required Documents

  • Criminal History Report: Obtain a copy of your criminal history report from the Colorado Bureau of Investigation (CBI) or the Colorado Division of Criminal Justice
  • Plea Agreement and Sentence: Obtain a copy of your plea agreement and sentence documents
  • Certificate of Completion: If you were on probation, obtain a certificate of completion from your probation officer

Step 2: Determine the Type of Felony

  • Category 1 Felonies: Felonies carrying a minimum sentence of life imprisonment are not eligible for expungement (C.R.S. 18-1.3-101(3))
  • Category 2 Felonies: Felonies carrying a minimum sentence of one year are eligible for expungement (C.R.S. 18-1.3-101(2))

Step 3: Prepare Your Petition

  • Petition for Expungement: Complete a petition for expungement and include the required documents and information
  • Motions: Include motions requesting the court to grant your petition, such as motions to waive the waiting period or motions to set aside the conviction

Step 4: File Your Petition

  • Filing Fee: Pay the filing fee, currently $110 in Denver District Court
  • Certificate of Mailing: Mail a copy of the petition to the District Attorney and the police department involved

Step 5: Serve the District Attorney and Police Department

  • Notice of Filing: Serve the District Attorney and police department with a notice of filing, stating your intention to expunge your felony

Step 6: Attend the Court Hearing

  • Wait for a Hearing Date: Wait for a hearing date to be set by the court
  • Argue Your Case: Attend the hearing and argue in favor of your petition to expunge your felony

Table: Felony Expungement Timeline

StepTimelineNotes
1. Gather Required Documents1-2 weeksObtain CBI report, plea agreement, sentence documents, and certificate of completion
2. Determine the Type of Felony1-2 weeksDetermine if Category 1 or Category 2 felony
3. Prepare Your Petition2-4 weeksComplete petition, motions, and file
4. File Your Petition1-2 weeksPay filing fee and mail copy to DA and police department
5. Serve the District Attorney and Police Department1-2 weeksServe DA and police department with notice of filing
6. Attend the Court Hearing1-2 weeksAttend the hearing and argue in favor of expungement

Conclusion

Expunging a felony in Colorado requires careful preparation, attention to detail, and a comprehensive understanding of the legal process. By following the steps outlined in this article and gathering the required documents and information, you can take the first step towards rebuilding your life and leaving the past behind. Remember, the legal process can be complex, and it’s recommended that you consult with an attorney to ensure you’re taking the correct legal path.

Additional Tips

  • Timing is Everything: Timing is critical in the expungement process. Make sure to file your petition and complete the necessary steps within the required timeframes.
  • Document Everything: Keep track of every document, conversation, and correspondence related to your expungement case.
  • Stay Focused: Stay focused and committed to your goal, and don’t let frustration or setbacks deter you.

By following these steps and tips, you can increase your chances of successfully expunging your felony conviction in Colorado.

Enhance Your Knowledge with Curated Videos on Guns and Accessories


Leave a Comment