Student Legal Services handles almost all types of criminal cases seen by students; in the past year alone we’ve seen charges for everything ranging from MIP to theft to assault to felony drug distribution.
Criminal defense issues we can help with include:
- Arson
- Assault
- Bias motivated crimes
- Brawling
- Burglary
- Criminal mischief (property damage)
- Disorderly conduct
- Domestic violence
- Driving while license revoked or suspended
- DUI/DWAI – alcohol (drunk driving)
- DUI/DWAI – drugs
- Fraud
- Harassment
- Interference with staff, faculty or students of educational institutions
- Intimidation of or retaliation against a witness
- Littering
- Menacing
- MIP-alcohol (minor in possession of alcohol or underage drinking)
- MIP-marijuana
- Noise violation
- Nuisance party
- Obstructing a peace officer
- Open container
- Possession of drug paraphernalia
- Possession or distribution of prescription or recreational drugs
- Public consumption of alcohol (drinking in public)
- Public consumption of marijuana
- Resisting arrest
- Rioting
- Shoplifting or theft
- Stalking
- Trespass
- Underage drinking and driving
- Unlawful conduct on public property
- Urinating in public
Colorado law allows a person to hide many criminal records from the public under state law through expungement or sealing, if certain requirements are met.
Expunging or sealing records can be a very detailed process and may or may not be effective to meet a person’s goals. This is especially true with the major changes made to the state expungement and sealing laws effective August 2019. We can help students understand the process and effect of expunging or sealing their records. We also can often be hired to represent students in making expungement or sealing requests.
Expungement
Expungement is available in Colorado for many types of juvenile – generally meaning under the age of 18 – justice records. Even juvenile "convictions" (actually called adjudications) can be expunged if the criteria are met. Expungement can also apply to underage drinking and driving convictions, even if a person was between 18 and 21 years old at the time of the offense. Some cases cannot be expunged, like those where juveniles were adjudicated for felony sex offenses or very violent crimes.
Sealing
Sealing is the adult method of hiding criminal records in Colorado. It is generally available for criminal records that are not associated with a conviction, such as when all charges filed in a case were dismissed or when a defendant is acquitted of all charges at trial.
There are a few exceptions to this rule. Some cases can never be sealed even if no convictions are associated with them, such as cases in which the only charges were traffic infractions or cases which were dismissed after deferred judgments and sentences to certain charges.
Many cases can also qualify for sealing even though there are convictions associated with them, including convictions for:
- Most minor in possession charges
- Most municipal offenses
- Some petty offenses and misdemeanors
- Some lower level felonies
Typically, a person must wait a long period of time before asking the court to seal qualifying conviction records. The length of the waiting period depends on the type of case. A person must also sometimes wait to seal records related to dismissed cases or investigations that did not result in charges.
Process of expungement or sealing
There are many requirements for both expungements and sealings and they are strictly enforced. If a request to hide records is denied for some reason, the person will likely have to wait a long period of time before being allowed to make the request again.
It can take anywhere from several days to several months to go through the process of asking the court to seal records. The timeline depends on the type of records and the court that has jurisdiction over those records.
Effect of expungement or sealing
Expungement or sealing of criminal records in Colorado generally hides those records from public view and authorizes a limited right to make certain statements about the records.
Expungement or sealing under Colorado law is not effective as to certain government and private entities, and neither procedure makes the records disappear. In addition, expunged and sealed records can still be used in court.
Be aware that, under certain circumstances, sealed records may later be “unsealed.”
Student Legal Services can provide answers to questions on traffic cases ranging from minor traffic infractions to reckless driving to DUI.
For minor infractions, we often advise that students do not need to hire a lawyer to handle their case. We will walk a student through what traffic court looks like and give advice on how to best navigate the system.
Students with more serious traffic matters may be able to hire a Student Legal Services attorney to represent them.
DMV consequences
If a student pays a ticket or is otherwise convicted on a traffic matter, there are usually DMV consequences that result from the conviction, like driver's license points. Too many driver's license points will cause a license suspension.
A person's license can also be taken away for other reasons, like driving with a high blood alcohol content, missing a court date, getting more than one Minor in Possession (MIP) conviction or getting a DUI conviction.
Students who think they might be in danger of losing their licenses should contact Student Legal Services about their situations. We can help prepare students for their driver's license hearings. Students may also be able to hire us to represent them at their hearings.