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Sealing Criminal Records

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joshuasmom

Junior Member
What is the name of your state?What is the name of your state? Co

I am attempting to seal my criminal record which consists of two misdemeanors - 1 is domestic violence and 1 is false reporting - both were dismissed by the D.A. with no pleas, etc.

I have filed all necessary paperwork and the D.A. has objected with the reason, "the public interest in retaining these records is not outweighed by harm to the privacy of the petitioner or dangers of adverse consequences to the petitioner".

Does anyone know if this is just a standard response by the DA?

Any ideas on a good response to this?

Thanks!
 


S

seniorjudge

Senior Member
I have filed all necessary paperwork and the D.A. has objected with the reason, "the public interest in retaining these records is not outweighed by harm to the privacy of the petitioner or dangers of adverse consequences to the petitioner".

Q: Does anyone know if this is just a standard response by the DA?

A: It is.


Q: Any ideas on a good response to this?

A: Respond in writing: "The public interest in retaining these records is outweighed by the irreparable harm to the privacy of the petitioner if these records are kept open and there are dangers of adverse consequences to the petitioner if these records are not sealed." Then explain clearly and in plain and simple English why you believe that statement, giving only facts (not conclusions or editorials).
 
R

RedemptionMan

Member
seniorjudge said:
I have filed all necessary paperwork and the D.A. has objected with the reason, "the public interest in retaining these records is not outweighed by harm to the privacy of the petitioner or dangers of adverse consequences to the petitioner".

Q: Does anyone know if this is just a standard response by the DA?

A: It is.


Q: Any ideas on a good response to this?

A: Respond in writing: "The public interest in retaining these records is outweighed by the irreparable harm to the privacy of the petitioner if these records are kept open and there are dangers of adverse consequences to the petitioner if these records are not sealed." Then explain clearly and in plain and simple English why you believe that statement, giving only facts (not conclusions or editorials).
Click to expand...

Good-- and if they were dismissed most states provide regulation covering a non guilty verdict or dismissal clause whereby the defendent is granted an expugement....
 
J

joshuasmom

Junior Member
Rebuttal

Thank you for your replies! The hearing has been set, but I guess what I'm also looking for is advice on how to counter the argument that the public has the right to know what I've been arrested for, even if it was unfounded and dismissed.

My argument is that it affects my opportunity to obtain gainful employment, etc., to which one could argue that only convictions show up on background checks - though, we all know that's not true, and of course there's... once arrested, always suspected...

Has anyone succsessfully argued and been granted the sealing of their records? I can't seem to find anyone! Thanks again!
 
S

seniorjudge

Senior Member
joshuasmom said:
Thank you for your replies! The hearing has been set, but I guess what I'm also looking for is advice on how to counter the argument that the public has the right to know what I've been arrested for, even if it was unfounded and dismissed.

My argument is that it affects my opportunity to obtain gainful employment, etc., to which one could argue that only convictions show up on background checks - though, we all know that's not true, and of course there's... once arrested, always suspected...

Has anyone succsessfully argued and been granted the sealing of their records? I can't seem to find anyone! Thanks again!
Click to expand...
If you could prove you were 100% innocent and that the charge was filed with malicious intent, then you may have a small shot.
 
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