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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12999
Experience:  Experienced in multiple areas of the law.
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Can record be expunged crime committed early 1980. served 12

Customer Question

can record be expunged for felony crime committed early 1980. served 12 year sentence and has no arrests or problems as of release
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

That depends, since state laws on expungement vary widely by state. What state was the felony conviction in?

Customer: replied 1 year ago.
Expert:  RobertJDFL replied 1 year ago.

Thank you for your reply.

Colorado unfortunately is a state with one of the stringent requirements for expungement/sealing of record. Under Colorado law, if a person was arrested but released without being charged with a crime, or was arrested and charged with a crime but not convicted, they typically can have their records sealed (there are some exceptions). After sealing, it is as though the arrest or charge never occurred, and you don’t have to disclose the information if you are asked about it. (Colorado Statutes § 24-72-308.).

For people convicted then, the only option is to look into getting a pardon, which only the Governor has the power to ultimately grant or deny. A pardon may be granted after a conviction and is a public forgiveness for a crime after completion of the sentence. The procedure the Colorado Legislature has enacted for the commute and pardon process is found in Colorado Revised Statutes, §§ 16-17-101, 102. There are no fees required to apply for executive clemency and no time constraints under which any application for executive clemency must be processed. In other words, while it doesn't cost anything, there is no time limit for them to review the application.

Applicants will begin the process by completing the Executive Clemency Application and choosing the type of executive clemency sought.

Executive Clemency Applications, along with all required attachments, must be submitted to:
Mary Kanan
Director of Executive Clemency
940 Broadway
Denver, Colorado 80203

Questions regarding Clemency Applications may be directed to: ***** *****(###) ###-####

The way the pardon process works is as such:

  • The application is processed and information verified.
  • The director convenes the Executive Clemency Advisory Board.
  • After review of clemency application packets, the board recommendations are forwarded to the Governor.
  • The board may table an application for consideration at a later date.
  • Once submitted, the Governor takes the application under advisement.

If clemency is granted, the Governor notifies the legislature. The applicant is notified when a request for executive clemency is either granted or denied.

While a pardon will not restore civil rights lost, or enable a person to not have to say on an application that they have a criminal conviction, it does allow them to say that the were pardoned by the Governor of the state, which is something that is very difficult to get.

I think in this situation though, it's worth the application, since the individual has been out of trouble for decades. If they can show that they turned their life around, and turned it into something positive and made significant changes, I think their chances are better then a lot of other people who submit applications.

Expert:  RobertJDFL replied 1 year ago.

If you have further questions or need clarification about this matter, please reply, and I'll be happy to assist you. Otherwise, kindly remember to leave me a positive rating (3-5 stars) as that is the only way experts on this site are paid for our time and expertise, even if you have previously left a deposit. Thank you.