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Home Self Help Adult Criminal Records with No Conviction
Home Self Help Adult Criminal Records with No Conviction
Adult Criminal Records with No Conviction
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

  • I was arrested or charged with a crime, but I was never convicted. How do I seal my records?
    • 1. Determine whether you meet the requirements to seal your records.
      • You can ask the court to seal your records if one of these situations applies:

        1.  You were found not guilty by a judge or jury;
        2.  Your case was dismissed;
        3.  You were arrested, but you were not charged with anything and the statute of limitations for the offense for which you were arrested that has the longest statute of limitations has passed;
        4.  You were arrested, but you were not charged with anything and the statute of limitations has not passed, but you are no longer being investigated by law enforcement for committing the crime; OR
        5.  You completed a diversion agreement pursuant to §18-1.3-101, C.R.S.
         

        See §16-5-401, C.R.S. for information about how long the statute of limitations is for different crimes.

         

        You cannot seal records having to do with these types of offenses:

        1.  A class 1 or class 2 misdemeanor traffic offense
        2.  A class A or class B traffic infraction
        3.  A deferred judgment and sentence where the facts have to do with unlawful sexual behavior, as defined in §16-22-102(9), C.R.S.
        4.  A deferred judgment and sentence for driving under the influence (DUI), Driving While Ability Impaired (DWAI), or DUI per-se.
        5.  A deferred judgment and sentence for an offense having to do with the holder of a commercial driver's license, or the operator of a commercial motor vehicle, as defined in §42-2-402, C.R.S.

        NOTE:  If you are trying to seal records NOT covered in #1 and #2 listed above, the fact that you were charged for a crime covered in #1 or #2 above as part of the same arrest does not prohibit the court from sealing the records that are NOT covered in #1 or #2 listed above. 
         

        If you were not charged with anything or your case was dismissed because you accepted a plea agreement in another case, you cannot seal those records.  However, if your case was dismissed because you accepted a plea in another case, if ten years have passed since the final disposition of all criminal proceedings against you, and if you have had no other criminal charges during that time, you can ask the court to seal those particular records.  It will be up to the court to decide if they can be sealed.

        You cannot ask the court to seal your records if you owe restitution, fines, court costs, late fees, or any other fees in the case for which you want to seal the records.

        You can file paperwork to seal your records for a case only once every twelve-month period.

    • 2. Determine where to file your case.
      • You should file the paperwork to seal your records with the District Court of the county in which any arrest and criminal records you wish to have sealed are located.

    • 3. Fill out the paperwork to start your case.
      • You will be known as the Petitioner.

        For detailed instructions on how to fill out these forms, review JDF 416 Instructions to File a Petition to Seal Arrest and Criminal Records Other Than Convictions.

        Download and complete these forms:
        JDF 417 Petition to Seal Arrest and Criminal Records Other Than Convictions Pursuant to §24-72-702, C.R.S.
        JDF 418 Order to Seal Arrest and Criminal Records Pursuant to §24-72-702, C.R.S.
        JDF 419 Order and Notice of Hearing (Sealing of Records)
        JDF 435 Order Denying Petition to Seal Arrest and Criminal Records (the court will only sign this if your Petition is denied)
        JDF 617 Certificate of Service

         

        JDF 417 Petition to Seal Arrest and Criminal Records Other Than Convictions Pursuant to §24-72-702, C.R.S. must be signed in front of a Notary Public or court clerk. You can find a Notary Public by looking in the Yellow Pages, on the internet, or by going to your local bank.

        Fill out only the top caption part of JDF 418 Order to Seal Arrest and Criminal Records Pursuant to §24-72-702, C.R.S., JDF 419 Order and Notice of Hearing (Sealing of Records), and JDF 435 Order Denying Petition to Seal Arrest and Criminal Records.  The court will fill out the rest.

        Take your completed forms to the clerk in the courthouse. Give the forms to the clerk to file your case.

        The court will ask you to pay a filing fee. If you do not think you can afford it, you can request a waiver of the filing fee by completing form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit, and the caption box of JDF 206 Finding and Order Concerning Payment of Fees. For more information see the File Without Payment section.

        After you file your paperwork with the court, the court will review the paperwork and one of the following things will happen:
        1. The court will give you a court date for a hearing;
        2. The court will deny your Petition; OR
        3. The court will grant your Petition without a hearing

        If the court denies your Petition, the court will send you a signed copy of JDF 435 Order Denying Petition to Seal Arrest and Criminal Records.

        If your Petition is not denied and a hearing is required, the court will send you JDF 419 Order and Notice of Hearing (Sealing of Records). Your hearing date will be on the form. After the hearing, the court will decide whether your records should be sealed.

        If the court grants your Petition without a hearing, the court will send you a signed copy of JDF 418 Order to Seal Arrest and Criminal Records Pursuant to §24-72-702, C.R.S.

    • 4. Give notice of the hearing.
      • After the court sends you JDF 419 Order and Notice of Hearing (Sealing of Records) with the hearing date, you need to send a copy of this form to the prosecuting attorney, the arresting agency, and any other person or agency you listed in #3 of JDF 417 Petition to Seal Arrest and Criminal Records Other Than Convictions Pursuant to §24-72-702, C.R.S.  The copy that you send to the prosecuting attorney MUST be sent by certified mail.  After you send a copy to the prosecuting attorney by certified mail, keep the receipt and file it with the court.

        After you mail out the copies, you must fill out JDF 617 Certificate of Service letting the court know that you sent a copy of JDF 419 Order and Notice of Hearing (Sealing of Records) to the prosecuting attorney, the arresting agency, and any other person or agency you listed in #3 of JDF 417 Petition to Seal Arrest and Criminal Records Other Than Convictions Pursuant to §24-72-702, C.R.S.  File JDF 617 with the court.

         

    • 5. Identify what you need to do after the court decides your records can be sealed.
      • If the court decides to seal your records after the hearing, the court will give you a signed copy of JDF 418 Order to Seal Arrest and Criminal Records Pursuant to §24-72-702, C.R.S.

        You will need to mail a copy of the signed JDF 418 Order to Seal Arrest and Criminal Records Pursuant to §24-72-702, C.R.S. to all of the persons and agencies listed on the first page of the Order form. If you do not do this, it may mean that your records do not get sealed.

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