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Is Sealing the same as Expunging?

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lilwelder

Junior Member
If my state won't Expunge what should I do?

What is the name of your state (only U.S. law)? Colorado. I was arrested for tax evasion and it was dismissed. The tax obligation was my former employer's. I am trying to expunge it completely from my record, but I understand in Colorado you can only seal records. Should I write a letter to the judge asking him to wipe my record clean? Is sealing it adequate? I understand that certain people will still be able to access that record.
 
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HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Colorado. I was arrested for tax evasion and it was dismissed. The tax obligation was my former employer's. I am trying to expunge it completely from my record, but I understand in Colorado you can only seal records. Should I write a letter to the judge asking him to wipe my record clean? Is sealing it adequate? I understand that certain people will still be able to access that record.
**A: the answer to your title post question is no.
 

quincy

Senior Member
Expungement is the removal of an offense, usually a conviction (and anything relating to the offense) from your records, although the fact that "something" was expunged may still appear (although not what that something is). Sealing is officially preventing all access to the records without a court order. These terms are often used interchangeably, and the petition you will need to fill out in Colorado is the same for either.

You can have your record either expunged or sealed under Colorado Rev Stat 19-3-313. With either an expungement or sealing, the records are still accessible by court order, and expunged records are accessible by law enforcement or through statutory authority. Both essentially mean that records of your arrest, detention, trial, disposition, etc. are not available to the public, they are erased from all public records, and it is as if they did not occur.

To have records sealed or expunged, you do not contact the judge. You must file a "petition to seal" with the court (CRS 24-72-308). Petition forms should be available at the court.

The clerk will fill in the case number and you must FULLY fill out the rest. All blanks must be filled. If you are unsure what to fill in in a certain blank, ask the court clerk.

You must specify which criminal justice agency has your records and the specific file numbers for any arrest or court case that you want sealed (available from the arresting agency or the clerk's office). List the result of the official action you are petitioning to seal.

Sign the petition in front of a notary public or the court clerk. Submit the forms with your filing fee.

Once the petition and forms are submitted, the court will set up a hearing date. You appear at the hearing and the judge will either grant or deny your petition. If all charges against you were dismissed, your petition to have your records sealed should be granted.
 
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quincy

Senior Member
You're welcome. :)

I did want to point out that, under some circumstances, the fact that records were expunged or are sealed needs to be reported (ie. medical, legal, educational field applications), and you will need to explain the reasons behind the expungement or sealing.

For an expunged record, there is no information on the offense as all data has been erased and destroyed (although copies are kept by the court and law enforcement) - therefore, an expunged record cannot be "unexpunged" for review. With sealed records, however, the data is still there. It has just been made confidential and access is through court order only (although, once again, law enforcement and courts have copies). Sealed records, however, can be unsealed, so all of the information on the arrest, etc, is still available should a court order the record unsealed.
 

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