How Long Does a Felony Stay on Your Record in Colorado?

If you’ve been convicted of a felony in Colorado, you might be wondering how long that conviction will stay on your record. It’s a complex issue that has seen some recent changes in Colorado law.

At Dawson Law Office, we’ve helped countless clients handle their criminal records, and we’re here to shed some light on this important topic.

How Felony Records Affect Your Future in Colorado

In Colorado, felonies are the most serious category of crimes, ranging from Class 1 (the most severe) to Class 6. These can include offenses like robbery, drug trafficking, or aggravated assault. When you’re convicted of a felony, it doesn’t just disappear from your record once you’ve served your time.

Here’s the sobering truth: felony convictions in Colorado are generally permanent. They become part of your criminal history, visible on background checks that can affect your employment prospects, housing applications, and even your right to own firearms. It’s a heavy burden to carry and one that many of our clients struggle with long after they’ve paid their debt to society.

But don’t lose hope. While felony records are persistent, Colorado law provides some options for limiting their visibility and impact. Let’s dive into the details.

Colorado’s Record Sealing Laws

Record sealing is a legal process that can help mitigate the long-term consequences of a felony conviction. When a record is sealed, it’s removed from public view, though it remains accessible to law enforcement and certain government agencies.

Under Colorado Revised Statutes § 24-72-701 through § 24-72-709, many felony convictions are eligible for sealing. However, the process isn’t automatic, and there are important criteria to meet:

1. You must have completed your sentence, including any probation or parole.
2. A certain waiting period must have passed since the completion of your sentence.
3. You must not have any new criminal charges pending.
4. Certain serious felonies, like violent crimes or sex offenses, are typically not eligible for sealing.

The waiting periods vary depending on the class of felony:

• Class 4, 5, and 6 felonies: 3 years after the completion of your sentence
• Class 1, 2, and 3 felonies: 5 years after the completion of your sentence

It’s worth noting that drug felonies often have different rules and may be eligible for sealing sooner under Colorado’s drug offense record sealing laws.

Automatic Record-Sealing

In a significant move, Colorado recently passed a law (House Bill 21-1214) that allows for the automatic sealing of certain criminal records. This is great news for many people with older, less serious felony convictions.

Under this new law, records of eligible offenses will be automatically sealed after a specific period has passed without any new criminal convictions. The exact timeframe depends on the severity of the offense, but it generally ranges from 4 to 10 years after the completion of the sentence.

However, it’s crucial to understand that not all felonies qualify for automatic sealing. Violent crimes, sex offenses, and certain other serious felonies are excluded from this process.

Petitioning to Seal Your Record in Colorado

If your felony conviction isn’t eligible for automatic sealing, or if you don’t want to wait for the automatic process, you can petition the court to seal your record. This is where having an experienced attorney can make a world of difference.

The petition process involves filing specific documents with the court, notifying the district attorney, and potentially attending a hearing. You’ll need to demonstrate that sealing your record is in the interest of justice and that you’ve been rehabilitated.

At Dawson Law Office, we’ve successfully guided many clients through this process. We know how to present your case in the most favorable light, increasing your chances of a successful outcome.

The Advantages and Restrictions of Sealed Criminal Records in Colorado

When your record is sealed, it’s as if the conviction never happened – at least as far as the general public is concerned. Employers, landlords, and others conducting background checks won’t see the sealed conviction. This can open up new opportunities for employment, housing, and education.

However, it’s important to understand that sealed records aren’t completely erased. Law enforcement can still access them, and they may be considered in future criminal proceedings. Additionally, certain professional licensing boards and government agencies may have the authority to view sealed records.

Expungement vs. Sealing: What’s the Difference?

Many people confuse record sealing with expungement. In Colorado, expungement – which completely erases a record – is generally only available for juvenile records or cases where the charges were dismissed or the person was found not guilty.

For adult felony convictions, sealing is typically the best option available. While it doesn’t completely erase the record, it does limit its visibility and impact significantly.

Strategies for Managing Felony Records

If you’re dealing with a felony record in Colorado, here are some key strategies to consider:

1. Seek legal counsel: An experienced attorney can help you understand your options and navigate the complex process of record sealing.
2. Document your rehabilitation: Keep records of any programs you’ve completed, volunteer work, or other evidence of your positive contributions to society.
3. Be honest, but strategic: In job applications or other situations where you’re asked about your criminal history, be truthful but focus on how you’ve changed and grown since the conviction.
4. Consider a pardon: In rare cases, the Colorado Governor may grant a pardon, which can restore certain rights lost due to a felony conviction.

Remember, having a felony on your record doesn’t define you. With the right approach and legal guidance, you can move forward and build a positive future.

At Dawson Law Office, we’re committed to helping our clients navigate the complexities of criminal records in Colorado. If you’re dealing with a felony conviction and want to explore your options for record sealing, we’re here to help. Our experienced team can guide you through the process, whether you’re eligible for automatic sealing or need to petition the court.

Don’t let a past mistake define your future. Reach out to Dawson Law Office today for a consultation. We’ll review your case, explain your options, and help you take the next steps towards clearing your record and opening up new opportunities. Your fresh start could be just a phone call away.