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Want To Seal Your Criminal Marijuana Conviction?

Sealing means that it will be hidden from everyone not in the courts or law enforcement.

Since December 10, 2012, Adults 21 or older can grow up to three immature and three mature marijuana plants privately in a locked space, legally possess all marijuana from the plants they grow (as long as it stays where it was grown), legally possess up to one ounce of marijuana while traveling, and give as a gift up to one ounce to other citizens 21 years of age or older.

If you were convicted for one of these activities based on an arrest prior to that date, we can petition the court to seal all records. We will make a thorough investigation on you behalf to make sure that everything is included. If the court grants the petition, only the courts and law enforcement will have access to your records. If anyone else inquires, the record holders are allowed to state there are no records.

1. What is a record seal in Colorado? Whenever people in Colorado are arrested or convicted, it goes on their "criminal record." These records are typically accessible to the public through an internet background check.

Like it sounds, a record seal "seals" a person's Colorado records so that they no longer come up in background checks. In essence, sealing makes a criminal record invisible.

For example, people convicted of petty offenses in Denver County Court may be eligible to get those record sealed. So if they were to apply for a job, those petty offense convictions should not show up on their future background checks.

2. Sealing versus expungement

Sealing makes a person's criminal record invisible. The records are made unavailable but law enforcement and prosecution entities still have access. Expunging is largely similar to sealing, just a different word. Colorado permits expungement for only juvenile offenses and underage drinking and driving convictions.

3. What is the advantage of getting a criminal record sealed? Many employers will not consider job applicants with criminal records. Therefore, having a record seal vastly improves the person's job prospects. Having a criminal record may also be socially stigmatizing, so a seal puts the person on a more equal footing with others.

4. If I get a record seal, can I say no if someone asks me if I have a criminal record? In most situations, yes. During a job interview or under oath, people with record seals may deny ever having a brush with the law.

But there are narrow circumstances where people with sealed or expunged records have to fess up. For example, people applying to the Colorado Bar to become a lawyer have to disclose their criminal record.

5. If I am eligible for a record seal, will a judge definitely seal it? Usually, yes. But whether a judge will grant a person's petition to seal records is within the judge's discretion. A record seal is never guaranteed.

6. How long does it take to get criminal records sealed? The judge may take a few days or weeks to determine whether to grant an order to seal. If the judge grants it, the person must mail copies of the order to the various agencies that have his/her criminal records on file (such as the police department that arrested him/her)...

Once the agencies receive the order in the mail, the person's criminal records should be sealed within about 30 days.

7. What if my petition to seal is denied? The court will mail back a letter outlining the reasons why the petition to seal was denied. The person may be able to correct any mistakes on the petition to seal and re-submit it.

8. Can my criminal record be partially sealed in Colorado? No. If a person's criminal history contains any unsealable convictions, then none of his/her record may be sealed.

Why would I want to seal my record?

What steps do you take to get my Criminal Marijuana Conviction sealed in Colorado?

It depends on the type of record being sealed. Typically, the process of getting a Colorado record seal involves the following six steps:

  1. Obtain records. First, the we get a copy of your criminal records from the police department and analyze whether or not a judge may seal it.
  2. Obtain criminal history. Next, the we may have to get a current verified copy of your criminal history from the Colorado Bureau of Investigations (CBI).
  3. Complete the appropriate forms. Third, we draft the appropriate petition to seal.
  4. File the petition. Once the petition is drafted, we file it 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.
  5. Court reviews 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.
  6. Send orders to agencies. If the judge issues an order to seal, we then send copies to all of the agencies that have your criminal records on file (such as the police department and the CBI).

To contact us, please call at 303-332-3602 or 303-761-6067.

P.S. Your first conference with us is free, and there is no further obligation