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Home Self Help Relief from Collateral Consequences (non-court consequences)
Home Self Help Relief from Collateral Consequences (non-court consequences)
Relief from Collateral Consequences (non-court consequences)
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.

  • How to Apply
    • 1. What are "collateral consequences"?
        1. If you are convicted of a crime, there are direct consequences such as jail time, probation, fines, etc. 
        2. But, you may face more consequences than the penalties imposed by the court.  For example, you may not be able to get a certain type of job or license, or you may not be eligible for certain public benefits or housing.  These additional consequences are known as “collateral consequences.”
        3. A collateral consequence does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, costs of prosecution, or a restraint or sanction on your driving privilege.
    • 2. Qualifications
      • When You Can Appply

        1. You are sentenced to probation; OR
        2. You are sentenced to a community corrections program; OR
        3. You have entered into an "alternative to sentencing" agreement such as diversion, deferred sentence, work release, in-home detention, etc. (see C.R.S. §§ 18-1.3-101 to 107, for more information).

         

        When You Can't Apply

        1. You have been convicted of a felony that included an element that requires a victim to suffer permanent disability; OR
        2. You have been convicted of a crime of violence (see C.R.S. § 18-1.3-406); OR
        3. You are required to register as a sex offender.

         

    • 3. Criminal History Report
        1. Before you apply, get a fingerprint-based criminal history report from the Colorado Bureau of Investigation (CBI).
        2. You will attach this report to the paperwork when you file.
        3. You can call the CBI at 303-239-4201.
        4. The CBI is located at 690 Kipling Street, Suite 3000, Lakewood, CO 80215.
    • 4. Where to File
        1. You should file your case in the same court where the conviction happened that caused the collateral consequence(s) from which you need relief.
        2. To find a court location, search Courts by County.
    • 5. Forms
      • Forms

        1.   JDF 237 - Instructions
        2.   JDF 238 - Application for an Order of Collateral Relief
        3.   JDF 239 - Order for Collateral Relief

         

        Tips

        1. You will enter your name wherever it says "Defendant" or "Applicant".
        2. Use the same case number as your criminal case.
        3. Remember to attached the criminal history report from the CBI.
        4. Fill out only the top caption part of JDF 239 - Order for Collateral Relief.  The court will fill out the rest.
    • 6. Serve the paperwork.
      • You must send a copy of the paperwork you filed to the relevant people.

         

        Relevant People

        1. The district attorney's office that prosecuted the case.
        2. Any licensing body as part of your request.

         

        Due Date

        1. Within 10 days after filing the case.

         

        Service Method

        1. Certified Mail - if you use certified mail, complete the "Certificate of Service" part of JDF 238 Application for an Order for Collateral Relief, attach the certified mail return receipts, and file it with the court; OR
        2. In Person - Arrange to have JDF 238 Application for an Order for Collateral Relief delivered in person. The process of having the Application delivered is known as personal service.  Refer to the step-by-step instructions on how to arrange for personal service and how to return proof of service to the court.
    • 7. Court's Decision
        1. The court may make a decision without a hearing, or the court may need to have a hearing before making a decision. If the court decides to conduct a hearing, you should be present at the hearing.
        2. If the court grants your request, you will get a signed copy of JDF 239 - Order of Collateral Relief.
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