Colorado Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

The expunging process is only limited to very specific crimes and offenders. Under Colorado law, the only records that are able to be expunged include: Juvenile criminal records. Underaged drinking and driving records (UDD)

A person may petition the court to seal his/her own records by filing a petition with the District/County/Muni court where the arrest and/or criminal records are filed. Please review Colorado State Statute (C.R.S.) 24-72-703 to see the qualification for sealing a record.

The Clean Slate Act means that a petty offense will be automatically sealed four years after the charge, seven years for a misdemeanor offense, and ten years for a felony offense.

Sealing a Colorado conviction costs $65. Colorado courts charge a fee of: $65 for sealing a conviction; $224 for sealing multiple convictions or for sealing an arrest record that resulted in no charges; and no fee for sealing a case that resulted in a dismissal or acquittal.

No. The records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this is occurs only in exceptional circumstances and normally requires a court order or statutory authorization.

Through this free clinic an attorney will review your criminal record to see if you qualify to seal or expunge your Colorado records. The attorney will also help you complete your court forms so you can file your request in court. This clinic is for low-income clients and is available at any time.

2. What crimes cannot be expunged? You were adjudicated as a violent juvenile offender or an aggravated juvenile offender; You were convicted of a traffic offense or infraction; You were convicted of a sex felony offense; or. You were convicted of a homicide or related offense.

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Colorado Motion for New Trial for Purpose of Expunging Criminal Record