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Can I have an arrest removed from my CBI criminal history?

Denver, CO |

As a juvenile corrections officer, I was summoned and released for felony menacing, smuggling contraband into a correctional facility, and official misconduct, after being advised by my attorney that I could not get an acquittal for the charges completely clearing my name due to the jurisdiction (Jefferson County) and the fact the "victim" was a juvenile I accepted a plea bargain for a class 3 misdo, disorderly conduct charge. My background check shows an arrest for for the felonies although it does show those charges were dropped and only shows the disorderly conduct charge as a conviction. I work in law enforcement/security, but this has essentially ruined my career, all over something that I didn't do in the first place.

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Attorney answers 3


You are one of the lucky ones. Most CBI records do not show the ultimate resolution of the case, just the arrest. Since you were actually convicted of a crime as a result of the arrest, there is no way to remove accurate arrest and charging information from the CBI criminal history. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.


You can get your criminal history sealed, though generally not scrubbed. There is a process involving a petition to CBI, which is circulated to the appropriate prosecuting jurisdiction. The DA may/may not have an issue with authorizing the record be sealed. Irrespective of that though, you will always have the ethical dilemma of what to state on your employment application. In a law enforcement/security function, this may never be something you can wholly avoid. The best you may is an opportunity to explain.

These comments are meant to be general and do not create an attorney-client relationship. I am neither your attorney, nor am I attempting to convey that impression to you with regard to my comments on this matter. Thanks.


Unfortunately, the Colorado sealing statute does not permit the Court to seal any of the information regarding your arrest of these charges (assuming that they were all included in the same case). To seal your record, ALL charges in a case must have been dismissed.