Denver, CO asked in Criminal Law and Domestic Violence for Colorado

Q: Is there a way to get a misdemeanor criminal mischief charge expunged or sealed so it doesn't show up on background chec

1 Lawyer Answer
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: Yes, under certain circumstances, a misdemeanor criminal mischief charge might be expunged or sealed from a person's record in Colorado. The process is known as record sealing or expungement. If successful, it will prevent the conviction and the arrest details from appearing on most background checks, including those conducted by employers.

Expungement is available for certain low-level offenses in Colorado. In addition to misdemeanor criminal mischief, it is also an option for minor traffic offenses (except for DUI), municipal ordinance violations, and certain juvenile offenses. To qualify for expungement, a person must have a completely clean record for at least five years since the conviction or release from jail or probation, whichever is later.

Sealing is available for most other types of misdemeanor offenses in Colorado. For sealing, the waiting period is reduced to three years for misdemeanor offenses. However, sealing is not available for felonies or misdemeanor offenses involving a motor vehicle.

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