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Sealing municipal convictions overview
Overview
The process for filing to seal a conviction in a municipal(city, township, etc.) case is similar to filing a motion or a petition to seal a criminal conviction in a county or district. The documentation requirements(petition, order, etc.) are nearly identical. However, there are some differences.
Where to file:
For a single municipal offense you would likely file in the municipal court where the offense occurred. If you were convicted of another offense then you would likely file in the district court of the county where the records are located. You'll want to check with the municipality to determine where you file.
Conditions for filing in municipal court:
The case did not include a conviction for any of the following:
- Class 1 misdemeanor traffic offense
- Class 2 misdemeanor traffic offense
- Class A traffic infraction
- Class B traffic infraction
- No deferred judgement or sentence for someone with a commercial drivers license or commercial motor vehicle driver
- No offense where unlawful sexual behavior was the factual basis
- No felony, misdemeanor, or misdemeanor traffic offense charges or convictions since the date of sentencing or the end of supervision, whichever is later.
For a single eligible offense the petition can be filed 3 years from the sentencing date or the end of supervision date, whichever is later.
Conditions for filing in district court:
-Convicted of a single offense that wasn’t a felony AND didn’t involve domestic violence, unlawful sexual behavior, or child abuse (for more information, click here).
- No felony, misdemeanors, or misdemeanor traffic offenses since sentencing or release of supervision whichever is later.
-The offense being sealed is not an assault or battery offense or any other offense where domestic violence was part of the underlying factual basis.
For a single eligible subsequent offense, the petition can be filed 10 years from the sentencing date or the end of supervision date, whichever is later.
For more information see here.
Caption Information
The first part of the petition to seal a municipal case 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 # would be the municial case number if filing in municipal court or assigned by the district court if filing there. The 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 & 2: Information About the Petitioner
Before the information about the petitioner, there is a section that requires a description of the petitioner. In most cases selecting the first box would be appropriate (for anyone convicted of a municipal crime filing the petition for themselves). The remaining three involve situations where someone other than the person convicted is filing the petition.
The next section of the petition to seal a municipal conviction is the "Information About the Petitioner" section. This section requires basic contact information(address, date of birth, etc.). Remember, if you anticipate information in this section changing it might be wise to use more permanent contact information(such as a parents address or something like that).
Step 3: 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 municipal courts and with local police/sheriff departments. 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 4 & 5: Information About the Offenses
This section requires up to seven pieces of information.
The first section requires the municipal violation. In here you would list the violation (for example: theft). 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 section requires the date sentenced. This information should have been gathered from the municipal court during the information gathering phase.
The next section requires the end of supervision date. Depending upon your circumstances, this information might be calculatable from the court documentation(sentence date + supervision term). However, it's recommended that you go to the supervising agency (probation, etc.) for this information as depending upon circumstances the supervision term may have changed since sentencing(for example, it may have been extended for failing to complete community service).
The final section in requests appeal information. If your case was appealed you would want to enter that information in Section 5.
Step 6 & 7 & 8: CBI Report, Restitution, and Description
Step 6: 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 if you file it with the petition(or an additional 10 days if you file it after the motion has been filed).
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 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 conviction.
Step 9-13: Eligibility
This section is essentially a reiteration of what has been discussed above however you will want to make sure you meet the eligibility conditions.
The conviction is eligible for sealing under § 24-72-708 C.R.S (see overview above for information on this).
The case includes at least one charge that isn't:
- Class 1 misdemeanor traffic offense
- Class 2 misdemeanor traffic offense
- Class A traffic infraction
- Class B traffic infraction
The case does not involve a deferred judgement/sentence for holder of a commercial drivers license or operator of a commercial vehicle.
The case doesn't involve unlawful sexual behavior
For filing in district court:
If following the conviction in the case being sealed you were convicted of a single offense
that wasn't a felony AND didn't involve domestic violence, unlawful sexual behavior, or child abuse you could file in district court. In addition conviction can't be municipal assault and battery or any offense where the underlying factual basis was domestic violence.
Step 14-15: Service and Signatures
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, you'll need at least 3. One for your file. One for the prosecuting(city) attorney or district attorney if you're filing in district court, and one for the court.
There are four options for delivering the petition to the prosecuting(city) attorney or district attorney. Mail, fax, email or hand delivery. Hand delivery may be the best option as you could deliver the documentation to the prosecuting(city) attorney or 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.
