We're almost ready! Take a look!
Caption Information
The first part of the motion to seal a single record is the case caption information(see image to the right). The case caption has four sections.
1. Court information
2. Parties
3. Filed by
4. Location
The information required to complete the case caption can be found on court documentation such as the disposition/sentence order(be sure to keep this document handy as it may be useful in other sections of the forms as well)
It should indicate the defendant name, case number, division and where the case was dispositioned(county court, district court, etc.). The court mailing address can be found on the county page on this site.
Once the case caption information is completed, the next section is "Information About the Defendant".
Step 1: Information About the Defendant
The next section of the motion to seal a single record is the "Information About the Defendant" section. This section requires basic contact information(address, date of birth, etc.).
Step 2: Records Locations
The records locations section lists potential places where sealable records may reside. It is important to list all places where a record(s) reside and that the mailing information is accurate. This information would likely have been gathered during the Information Gathering Phase of the Record Sealing Roadmap. Two potential locations for sealable records could be the district/county courts and with law enforcement agencies(police, sheriff, etc.). Arresting agencies may have different case #s/arrest #s. This information would have been obtained when you requested the record from the arresting agency.
Step 3 & 4: Offenses and Appeals
The next two sections of the motion are section 3 (offenses) and section 4 (appeals). This is where you would list your conviction(s) and if an appeal was filed.
3. Convictions:
First, select the box(s) for each type of offense(s)(petty offense, misdemeanor, felony) and list the conviction(s) for this case. The form is editable so just select the box and list the offense(s). The name of the crime can be found at the top of the disposition/sentence order that you received from the court records department for this case. It is not necessary to list statute(for example: 18-18-406(3)(a)(II) - MARIJUANA-CULTIVATION-7 TO 30 PLANTS). You can just list the name of the crime (for example: MARIJUANA-CULTIVATION-7 TO 30 PLANTS
The next piece of information needed is the date sentenced. This should also be reflected at the bottom of the disposition/sentence order.
The final piece of information required to complete this section is the end of supervision date(probation, parole, etc.). This information should have been received from the supervising agency. The length of supervision is also on the disposition/sentence order however it doesn't account for changes to the supervision term.
4. Appeals
If your case was appealed, this section requests that appropriate information related to the appeal.
Step 5, 6, & 7: CBI Report, Restitution, and Description
Step 5: CBI Report
Once you reach step 5 it might make sense to re-run your CBI criminal history report. This will give you 20 days to complete the remainder of the documentation to have a conviction(s) sealed. Remember, the CBI report can't be older than 20 days from the day that you file the paperwork. You can file the CBI report up to 10 days after you file the motion though it would probably be easier just to file the CBI report when you file your petition.
Step 6. Restitution
The next question on the motion to seal records relates to restitution. A definition of restitution can be found here. A record may not be sealed if you owe restitution. You may request that a record be sealed if you still owe fines, court costs, late fee's, or other fee's (see SB22-099 in the resources section for more information on this). The disposition/sentence order may have your restitution amount(s) on it as well.
Step 7. Unwarranted Adverse Consequences(for convictions other than petty offenses or petty drug offenses)
For many of us with criminal records, the biggest challenge is finding employment consistent with our experience levels (or finding employment at all). That lack of opportunity has a cascading effect that impacts virtually every other aspect of life. It makes it much more difficult to support a family/children, create wealth, meet financial obligations, obtain transportation, and may even impact ones mental health. However, these may not be the only adverse consequence of a criminal record. For example, it may be difficult to find adequate housing as a result of a criminal record. Basically, any situation that requires a background check results in a potential barrier to opportunity for someone with a criminal background.
While everyone's situation is unique, the struggle is not. This section provides an opportunity to demonstrate how the negative impact/effects of a criminal record such as:
- not being able to find a job/well paying job
- not being able to find adequate housing
- not being able to support a family
are more important than having that information available to the public given the amount of time that has passed since the conviction.
Step 8: Eligibility
The eligibility of the convictions you want to seal will determine how to complete this section.
There are multiple possible outcomes in this section. As indicated on the form, you will want to select all that apply. All of your convictions may be eligible for sealing or you may have a misdemeanor conviction that is not eligible for sealing that you want to ask the district attorney and the court to seal. You'll want to select all that apply in this section.
Outcome 1: Convictions are eligible for sealing.
- This is fairly straight forward. If all of your convictions in this case are not listed on the ineligible list you could select the 1st box and move on to step 10.
Outcome 2: One conviction in the case is not eligible for sealing but is a misdemeanor AND the district attorney consents to the sealing of the record.
- This is also fairly straight forward. If through some course of events the district attorney has already consented to the sealing of your record that is a misdemeanor ineligible for sealing, you could select outcome 2 and you can move on to step 10.
Outcome 3: One of your convictions is not eligible for sealing but is a misdemeanor AND the district attorney does not consent or it is unknown whether the district attorney consents to the sealing of the record.
This section provides an opportunity to demonstrate the following:
1: The need for sealing the record is significant and substantial.
- For those of us with criminal records the challenges those records present to every day life are considerable and extensive. As discussed above, simply finding employment that provides a living wage(especially in Colorado) can be challenging for someone with a criminal history. Finding adequate housing can be problematic for someone with a criminal history. Supporting a family/children can also be incredibly difficult for someone with a criminal conviction(s). Having a criminal record makes it incredibly difficult to meet financial obligations and may even impact ones mental health. While every situation is unique, the struggle is not and this section provides an opportunity to show the court how your individual situation is impacted by having a criminal record.
2: Enough time has elapsed that you are no longer a threat to public safety.
- This provides an opportunity to demonstrate: first, the amount of time that has elapsed and second, how that time eliminates your threat to public safety.
3. Having your record available to the public is no longer necessary to protect or inform the public.
- Here you could indicate WHY having your conviction being made public isn't necessary anymore.
4. Finally, you'll need to select whether the district attorney does not consent to the sealing or whether it is unknown whether the district attorney consents to the sealing.
Once you file the motion, the district attorney has roughly 35 days to respond to it.
Step 10 & 11: Service & Signatures
Your down to the final two steps in the process of completing the motion however there are some timing issues to consider. First, you'll need to make copies of the motion. You'll also need to complete the remaining documentation that needs to be filed with the motion. In terms of copies, the number needed will depend on if you have other convictions in other jurisdictions that you want to have sealed. You have to file copies of every motion(or petition if sealing multiple cases) with every jurisdiction where you're attempting to have records sealed(see step 1d sealing records in multiple jurisdictions)
There are four options for delivering the motion to the district attorney. Mail, fax, email or hand delivery. Hand delivery may be the best option as you could deliver the documentation to the district attorney's office the same day you file the motion/petition with the court. You'll want to sign and date the petition shortly before you file everything. Remember, you have to include your criminal history report with all of the documentation you file and it can not be older than 20 days.
