How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27758
Experience:  Active member of the NYS bar since 1989
18321761
Type Your Legal Question Here...
Zoey, JD is online now
A new question is answered every 9 seconds

Im trying to figure out if I can get something sealed on my

Customer Question

hello Im trying to figure out if I can get something sealed on my background
JA: What state are you in? It matters because laws vary by location.
Customer: Colorado
JA: Has anything been filed or reported?
Customer: I'm sorry I don't understand the question.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It's a misdeamor 1 theft charge
Submitted: 3 months ago.
Category: Legal
Expert:  Zoey, JD replied 3 months ago.

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Customer: replied 3 months ago.
Thank You
Expert:  Zoey, JD replied 3 months ago.

Were you convicted of the crime? If so, Colorado will not seal it. They only seal petty offenses and an M1 is the most serious type of misdemeanor.

That leaves you two choices:

The first would be to seek a pardon from your governor.

Pardons are rare, and the odds are against you. However, they are easy enough to apply for and you would not need a lawyer to do it. Also, they are free. You can see the application and instructions here.

The second possibility is also a longshot. It would mean retaining a lawyer because the petition would be complicated. That would be to have a lawyer reopen your old case and petition for it to be dismissed in the interest of justice.

Judges have the power to dismiss a case under their powers of equity, even if the law won't provide for the dismissal. They are very cautious and sparing in their use of this power, and some will refuse to entertain a petition on these grounds at all. But others will do it to prevent an injustice.

You would need to talk to a lawyer about bringing the motion. The lawyer will have to draft it essentially showing why the law under which you were convicted should be ignored in this case. There may be opposition from the prosecutor. So you might want to get some free or low-cost consultations to get a sense of how likely this is to work in your jurisdiction before paying a couple of thousand dollars to a lawyer to try to get this done.

Expert:  Zoey, JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.