1. After investigation, the matter was dropped without filing criminal charges.

OR

2. After prosecution was initiated, all charges in the criminal case were dismissed.  This includes but not limited to evidentiary suppression, nolle, nolle prosequi, insufficient evidence, dismissal, straight dismissal, flat dismissal, or successful completion of a deferred sentence and subsequent dismissal.

AND

a. You did not waive your rights to petition to seal in plea negotiation.  El Paso County DA Office has a sealing waiver pre-printed into misdemeanor deferred sentence agreements.  Many felony deferred sentence agreements are custom drafted and contain a similar clause.  If such a clause exists, the right to seal is gone unless perhaps grounds exist for a collateral attack. Place to begin - carefully read your deferred sentence agreement looking for the word waive, waives, waived and also the numbers CRS 24-72-308.

AND

OR

3. After prosecution was initiated, a judge or jury entered a verdict of not guilty on all charges

 
APPROXIMATE TIMING
 

Attorney has published documents which facilitate preparation of a retainer agreement and the lawsuit.

CRITERIA - SEALING COURT ORDER

        In making a determination, the trial court should consider the severity of the offense sought to be sealed, the time which has elapsed since the conviction, the subsequent criminal history of the petitioner, and the need for the government agency to retain the records.  D.W.M. v. District Court, 751 P.2d 74 (Colo. 1988); People v. Bushu, 876 P.2d 106 (Colo. App. 1994).  The court may also consider factors relating to the strength of the case, petitioner's age and employment history, and various consequences if the records are not sealed.  The balance test allows for consideration of other factors on a case-by-case  basis.  Bushu, supra.

        If after the hearing is conducted the court finds that the harm to the privacy of the petitioner or dangers of unwarranted adverse consequences to the petitioner outweigh the public interest in retaining the records, the court may order such records to be sealed.  By law, basic identification information will not be sealed.  CRS 24-72-308(1)(c)

        Counsel prepares and e-Files an affidavit of the petitioner setting forth with specificity the privacy interest harm suffered.  This gives notice to the Court and to the DA Office of harm prior to the judge taking the bench at hearing on the merits.  Exhibits may be attached to the affidavit, such as employment rejection letters and the like.  Background check documents (Colorado state courts litigation history, CBI history, national criminal records search and if PIN is available, Colorado driving record) are available in hardcopy at hearing for introduction into evidence if relevant or needed.

        1.  A copy of the order is to be provided to the custodian of record of each agency named in the petition CRS 24-72-308(1)(b)(II).  The Clerk of Court in the sealing civil case receives notice via the sealing order itself.  If records of a different court are being sealed, notice would have to be given to the other Court Clerk.  e.g. municipal court

         2.  Records Custodian Failure to Seal - Misdemeanor.  Any person who willfully and knowingly fails to seal is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment.  CRS 24-72-309

        3.  Multiple options are exist regarding notice and service of the sealing order upon the agencies with criminal justice records. 
             Usually 8 - 14 agencies are named in a petition to seal.  Now we must also contend with additional information database re-sellers.

        4.  Sealing Confirmation.  Based upon easy internet accessibility, at the time of closing file counsel conducts an on-line check of Colorado State Courts litigation history and CBI history to ascertain records are sealed and unavailable.  Counsel advises each client to attempt to procure records from each other agency 30 days after entry of the sealing order to verify that records are in fact not accessible.  Please refer to the below links for information regarding searching the FBI "rap sheet" and client records requests to law enforcement agencies.

        Upon the entry of an order to seal the records, the petitioner and all criminal justice agencies may properly reply, upon any inquiry in the matter, that no such records exist with respect to such person. An individual may deny his past criminal record. CRS 24-72-308 clearly allows an individual to deny past criminal involvement if the criminal record has been sealed pursuant to the statute. D.W.M., supra, Bushu, supra.

Employers, educational institutions, state and local government agencies, officials, and employees may not, in any application or interview or in any other way, require an applicant to disclose any information contained in sealed records. An applicant need not, in answer to any question concerning arrest and criminal records information that has been sealed, include a reference to or information concerning such sealed information and may state that no such action has ever occurred. Such an application may not be denied solely because of the applicant's refusal to disclose arrest and criminal records information that has been sealed.  CRS 24-72-308(1)(f)(I)

Records which are exempt from the statute and may not be sealed.  CRS 24-72-308(3)
        1. Any class 1 or class 2 misdemeanor traffic offense
        2. Any class A or class B traffic infraction; or
        3. DUI, DEAC or DWAI
        4. Conviction records for unlawful sexual behavior as defined in CRS 18-3-412.5(1)
                - registered sex offenders
        5. All records when inquiry is made by another criminal justice agency

Exception to the exception - DUI - DEAC - DWAI  charge - minor under age 21 and BAC below 0.05
42-4-1715. Convictions, judgments, and charges recorded - public inspection. 
         (1)(a) Every judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of this article or any other law regulating the operation of vehicles on highways.
            (b)   (I) Upon application by a person, the court shall expunge all records concerning a conviction of the person for driving any vehicle in this state with an alcohol level of at least 0.02 but not more than 0.05 grams of alcohol per hundred milliliters of blood or at least 0.02 but not more than 0.05 grams of alcohol per two hundred ten liters of breath while under twenty-one years of age pursuant to section 42-4-1301 (2) (a.5) if:
                            (A) Such person presents a request for expungement to the court and provides all information required by the court to process such request;
                            (B) Such person is over twenty-one years of age and the court action regarding the offense has been concluded;
                            (C) The person has not been convicted for any other offense under section 42-4-1301 that was committed while such person was under twenty-one years of age; and
                            (D) Such person pays the fine and surcharge for such conviction and completes any other requirements of the court with regard to such conviction, including, but not limited to, any order to pay restitution to any party.
                    (II) Upon receiving a request for expungement, the court may delay consideration of such request until sufficient time has elapsed to ensure that the person is not convicted for any additional offense under section 42-4-1301 committed while the person was under twenty-one years of age.
        (2) Within ten days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating any provision of this article or other law regulating the operation of vehicles on highways, the judge or clerk of the court in which the entry of a judgment was made or the conviction was had or bail was forfeited shall prepare and immediately forward to the department an abstract of the record of said court covering every case in which said person had a judgment entered against him or her, was so convicted, or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct.
        (3) Said abstract must be made upon a form furnished by the department and shall include the name, address, and driver's license number of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited, and the amount of the fine or forfeiture.
        (4)(a) Every court of record shall also forward a like report to the department:
                    (I) Upon the conviction of any person of vehicular homicide or any other felony in the commission of which a vehicle was used; and
                    (II) Upon the dismissal of a charge for a violation of section 42-4-1301 (1) or (2) or if the original charge was for a violation of section 42-4-1301 (1) or (2) and the conviction was for a non-alcohol- or non-drug-related traffic offense.
            (b) Every juvenile court shall forward a like report to the department upon the adjudication of delinquency of any juvenile based upon conduct which would establish vehicular homicide if committed by an adult.
        (5) The department shall keep all abstracts received under this section, as well as a record of penalty assessments received, at the main office, and the same shall be public records and subject to the provisions of section 42-1-206.