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Caption Information
The first part of the petition to seal multiple cases in a single county is the case caption information(see image to the right). The case caption has four sections.
1. Court information
2. Parties
3. Filed by
The case #, division, and courtroom will be completed by the court once the petition is filed.
Once the case caption information is completed, the next section is "Information About the Petitioner".
Step 1: Information About the Petitioner
The next section of the petition to seal records is the "Information About the Petitioner" section. The key field here is the date of birth. In addition, if the petitioner contact information is different than what is in the case caption that could be updated as well.
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: Information About the Offenses
In this section, the form indicates a requirement for four pieces of information. The charge, case number, sentencing date, and supervision end date.
The charge can be found at the top of the disposition/sentence order that you received from the court records department for these cases. 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 offense (for example: MARIJUANA-CULTIVATION-7 TO 30 PLANTS)
The case number can also be found at the top of the disposition/sentence order that you received from the court records department for each case.
The next piece of information needed is the date sentenced. This should also be reflected at the bottom of the disposition/sentence order for each case.
The final piece of information required to complete this section is the end of supervision date(probation, parole, etc.) for each case. This information should have been received from the supervising agency. The length of supervision is also on the disposition/sentence order for each case however it doesn't account for changes to the supervision term.
Once you have completed all of the information in this section, you can move to step 4.
Step 4: Appeals
If any of your cases were appealed, enter the appropriate information in section 4 of the petition.
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 petition 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 petition 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.
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 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 convictions.
Step 8: Eligibility
The eligibility of the convictions in the cases 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 in all cases or you may have a misdemeanor conviction in one of your cases that is not eligible for sealing that you want to ask the district attorney and the court to seal.
Outcome 1: All convictions in all cases are eligible for sealing.
- This is fairly straight forward. If all of your convictions in all of your cases are not listed on the ineligible list or subject to the limitations of multiple prior convictions (see conditions/requirements) you could select the 1st box and move on to step 10.
Outcome 2: One conviction in the one of the cases is not eligible for sealing but is a misdemeanor AND the district attorney consents to the sealing of that specific charge/conviction.
- 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 records 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 made public isn't necessary anymore.
4. Finally, you'll need to select whether the district attorney does not consent to the sealing of the convictions or whether it is unknown whether the district attorney consents to the sealing.
Once you file the petition the district attorney has roughly 35 days to respond to it.
Step 10 & 11: Service & Signatures(Under Construction)
Your down to the final two steps in the process of completing the petition however there are some timing issues to consider. First, you'll need to make copies of the petition. You'll also need to complete the remaining documentation that needs to be filed with the petition. In terms of copies, the number needed will depend on if you have other convictions in other jurisdictions that you also want to have sealed. You have to file copies of every petition(or motion if sealing a single case(s) in other jurisdictions) 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 petition 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 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.
