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Barrister, Attorney
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Can I seal my arrest for Solictation CRS 38-158(a)(1) and CRS

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Can I seal my arrest for Solictation CRS 38-158(a)(1) and CRS 38-158(a)(7) that happened over 13 years ago in Colorado?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
Unfortunately, since this would have been charged as a Class 3 misdemeanor, if you pled guilty or were convicted of the offense, then the charge is unable to be expunged or sealed.

In CO the only way to get an arrest record expunged is if the charge was dismissed, the person was not charged or if the person was acquitted.


24-72-308. Sealing of arrest and criminal records other than convictions.

(1)(a) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), any person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to said person in interest is located for the sealing of all of said records, except basic identification information, if the records are a record of official actions involving a criminal offense for which said person in interest was not charged, in any case which was completely dismissed, or in any case in which said person in interest was acquitted.


So if you pled guilty to a charge or were convicted of one then you would not be eligible under CO law to get an expungement.


With that said, you could file a petition with the Governor for a pardon under certain conditions. Once it has been more than ten years since you completed your sentence you may qualify for a pardon - although pardons are reportedly rarely issued in Colorado.


I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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