Can I seal or expunge my felony forgery conviction after seven years?

Full question:

I have a felony class 2 for forgery from 7 1/2 years ago. I completed my probation and have never had any issues since then. Is there any possible way for me to either seal or expunge my felony? I have a family of 5 and I am trying to continue to grow my career. I just fear this getting in the way

  • Category: Criminal
  • Subcategory: Expungement of Criminal Records
  • Date:
  • State: Colorado

Answer:

Whether you can seal or expunge your felony depends on your conviction status. In Colorado, you may be eligible to seal records if:

  1. You were not convicted after entering a deferred sentence and completed probation.
  2. Charges were dismissed after prosecution began, which could include reasons like insufficient evidence or successful completion of a deferred sentence.

To seal your record:

  1. Check your deferred sentence agreement for any clauses waiving your right to seal your record. Look for terms like 'waive' or 'waived' and refer to CRS 24-72-308.
  2. Ensure that the dismissal wasn't part of a plea agreement in another case.

Note that a 2004 amendment allows sealing of certain records after fifteen years if you have remained violation-free since the final disposition of your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, deferred adjudication can show up on a background check in Texas. However, if you successfully complete your deferred adjudication, you may be eligible to have your record sealed or expunged, which would prevent it from appearing on most background checks. It’s important to check the specific conditions of your case and consult with a legal professional for guidance on your eligibility.