Expunction: Like it Never Happened

Everyone, at some point, has made a bad mistake or has been in the wrong place at the wrong time. Unfortunately for some, conspiring events can result in a criminal record reflecting an arrest, charge, or conviction. Although most convictions cannot be removed from one’s record, Colorado law allows permanent removal of information about an arrest, charge, or conviction in certain circumstances. This is called an expunction: the legal process to officially adjudicate that something never occurred in the eyes of the law. Once a person’s record is expunged, the record of the incident is wiped clean, and a person can legally deny the incident ever occurred. (Colo. Rev. Stat. § 24-72-703)

Records eligible for expunction include:

• An arrest for a crime that was never charged
• A criminal charge that was ultimately dismissed outright
• An offense which worked out through a diversion program
• An acquittal (not guilty finding) at trial through jury or judge

Expunction of Petty and Municipal Violations

Municipalities see petty offenses as an opportunity to raise huge revenue for city coffers.  If they can get money from taxpayers through municipal scale violations, they are comparatively less eager to pursue strict punishments or convictions.  The attorney who understands this reality is able to use that information to his clients’ advantage.

Fortunately, most municipal scale violations can be sealed after three years from the final disposition of the case.  If the matter involved domestic violence, your record must be totally clear during that three year period.

Special Rules for Traffic Violations and CDL Holders

Normally a minor traffic violation, such as speeding or running a stop sign, can be sealed after three years.  However, the rules treat commercial driver’s license (CDL) holders differently.  CDL holders are held to a higher standard of conduct because of the special responsibility they have in the transportation industry.  In some cases, reaching a negotiated plea deal is not possible, and the only option is to try the case.

Attorney Walker Fults represented a woman charged with running a stop sign while driving a school bus for the city.  She could not resolve the matter through any compromised outcome, or she would lose her job.  (The city can’t employ drivers who endanger children’s lives by running stop signs.)  Walker Fults set the case for trial, and successfully showed that the police officer’s testimony was unreliable.  Walker Fults’s client was acquitted by the jury and was able to keep her CDL and her job.

Take the First Step to Start Fresh

We know how much a clean record can help your future prospects, and we want to help you explore every possible avenue available to wipe your record clean.  Contact your Boulder expunction attorney today to explore how we can help.