Howard’s attorneys provide specialized counsel in the area of Petitions to Seal/Expungement. Generally, there are four categories of sealable criminal records:
- Records of dismissed cases
- Records of cases involving some drug offenses
- Records of some petty offenses and municipal code violations
- Juvenile record expungementNot all cases may be sealed or expunged. If you are unsure about whether or not your case qualifies for a Petition to Seal or Expungement, call Howard, LLC today.
Sealing the case is a separate, civil suit. First, we will draft and file a “Petition to Seal Arrest and Criminal Records.” With that filing, we will include an Order to Seal, and Order Denying the Petition and an Order and Notice of Hearing. The filing fees are around $240. We will also need to run your criminal history and include a copy with that filing.
Then, we will have to get copies of all filed documents to all of the pertinent law enforcement agencies that have records on you; these will be sent by certified mail to: the District Attorney’s Office, Police Department, CBI, etc. The Court reviews the Petition to decide if a hearing should be set. If the Petition is sufficient on its face, the Court will set a hearing. Typically, unless there is an objection filed, the Judges here will rule “on the pleadings.” That means, we might be able to avoid a full-blown hearing where you have to appear. If a hearing is necessary, and you are not available, we can file a request for you to appear by telephone on the hearing date.
We will make our argument as to why the case should be sealed. If the Court agrees with us, then the Court will sign the Order to Seal. Then, we have to get copies of the Order to all of the pertinent law enforcement agencies. The entire case should take a couple months as there is a lot of procedure to be followed (pursuant to the statute on sealing records).
The Court, law enforcement and criminal justice agencies will always have access to the file. The files are not destroyed. However, as provided under the statute, if inquiries are made by anyone other than a criminal justice agency, all agencies must respond that “no such record exists with respect to such person.”
Here at Howard, LLC, we have had good success in sealing cases.
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Howard helps clients involved with Petitions to Seal and Expungement in the Colorado “High Country.” Howard, LLC represents clients in Eagle County, Summit County, Clear Creek County, Lake County, Garfield County and Pitkin County including the towns of Aspen, Avon, Breckenridge, Dillon, Eagle, East Vail, Eagle-Vail, Edwards, Frisco, Georgetown, Glenwood Springs, Gypsum, Leadville, Silverthorne, West Vail and Wolcott.
*The information found on this website should not be construed as legal advice and is not a substitute for professional legal consultation. You should not base your legal decisions solely on the information found in this site and you are encouraged to seek the counsel of an attorney regarding your specific questions or situation. The information found herein may represent the opinions or commentary of the site editor(s) and is for informational or education purposes only. You agree by using this site that no attorney/client relationship has been formed between you and the attorneys, editors, owners, or participants in this site unless and until a written agreement has been signed between you and your attorney.