Sexual assault allegations are some of the most serious, as even the mere accusation of this type of misconduct can harm your reputation for years to come. In the United States, all criminal defendants have the presumption of evidence. However, these rules apply to safeguards in the legal arena, not to what people may perceive when looking you up online or reviewing your job information.
The Colorado Open Records Act allows criminal records to be accessed by residents of the state of Colorado. This may make it difficult for individuals accused of a crime to secure a job, find housing, or receive student financial aid.
Many find that the best way to avoid having their career jeopardized after false sexual assault allegations are to seal or expunge their criminal record. These options may allow you to erase negative information about you so that it is not part of a routine background check for employment. Here is what you should know about these options for clearing your criminal record.
Sealing a Criminal Record in Colorado
When a criminal record is sealed in Colorado, it is no longer available for viewing by the public. Sealing a record prevents potential employers, landlords, and others from accessing this information to use it against you. However, the law enforcement agency has these records, and the court may still have them, so they could see them if you are applying for work at these locations.
If you are acquitted of the charges against you or your case is dismissed, your record of arrest and your case can be sealed immediately. If you were convicted of the offense despite the allegations being false, whether you can seal your record depends on how the crime is classified and whether you have met the requisite waiting period. Additionally, you cannot have been arrested or convicted of another offense during the waiting period. You can speed up the process of sealing your criminal records by filing a petition.
Expunging Your Criminal Record in Colorado
Expunging a criminal record goes a step further in that it erases the records related to the offense from the source of the record. Because the record is destroyed, it’s impossible for anyone – including those in law enforcement – to see the record. Generally, sex offense criminal records are not eligible for expungement. However, there may be exceptions, such as if you were arrested due to mistaken identity.
To request an expungement, you may have to satisfy a five-year waiting period before filing a request. The district attorney or prosecutor’s office has the right to object to the expungement.
An experienced Lakewood sex assault defense attorney can review your situation, explore your legal options if expungement or sealing is appropriate, and file the necessary petition and supporting documentation on your behalf.
Contact Us for a Confidential Case Review
At The Law Offices of Elaine E. Lukic, we know that you don’t want your future affected by false accusations. We can discuss your legal options during a confidential consultation. Call us at (888) 565-2217 or fill out our contact form to get started.