Can I Seal My Denver Municipal Case? Municipal Record Sealing

You may be wondering if you can seal your Denver municipal case - even one from years ago. The answer is yes! Some Denver municipal cases are eligible to sealed. Below I will discuss municipal record sealing in greater detail. Municipal record sealing is more limited than record sealing for state offenses in Colorado.

You've come to the right place to answer your question because Abbey Moffitt of A. Moffitt Law helped write the 2022 Colorado bill for sealing a municipal offense.

What is a Municipal Case?

A municipal criminal case is one that has been charged under the local government's law. Courts generally cannot sentence a defendant to more than one year in jail for a municipal offense. If the actions arise to the level of a felony, the state would likely take over the case and charge under state law.

What types of municipal offenses are eligible to be sealed?

The laws for sealing municipal convictions are actually more complicated and restrictive than those governing what state convictions can be sealed.

There are some municipal cases that are easier than other to be sealed, including:

• dismissed cases

• successfully completed deferred judgments

• conviction for possession of marijuana under 1 ounce (now lawful)

For other convictions, a defendant can only seal a case if they have very limited, subsequent criminal history. The criteria will depend if the defendant has had zero subsequent cases after they one they are trying to seal, or if they have had only one subsequent conviction.

I. No Subsequent Charges or Convictions

• If the defendant has not been charged with or convicted of a felony, misdemeanor or traffic misdemeanor since the final release from supervision of the case, AND

• The defendant is not a CDL holder trying to seal a traffic case

  THEN:

• A motion to seal can be filed three years after the final date of probation.

II. One Subsequent Conviction

• If the defendant was convicted of a single subsequent offense AND

• that offense was:

  • not a felony, and

  • did not involve domestic violence OR

  • unlawful sexual behavior OR

  • child abuse, AND

• the defendant has not been convicted of a felony, misdemeanor or traffic offenses since the final date of the subsequent case, AND

• the defendant is not trying to seal a municipal domestic violence offense

  THEN:

• A motion can be filed ten years after the final release from supervision for the subsequent criminal case.

If a defendant has more than one subsequent conviction, then they are not eligible to seal their municipal conviction.

The criteria for sealing a municipal conviction are complicated. If you have questions, please schedule a consult with Abbey Moffitt today.