Post-Conviction Relief

Have you been denied for the purchase of a firearm?

• In Colorado, persons convicted of felonies are not allowed to possess firearms. Furthermore, persons convicted of acts of domestic violence can also be barred from purchasing or possessing firearms. Additionally, persons on bond or on probation can be barred from buying or possessing firearms. There are certain other categories that could bar a person from firearms possession that are not as common.
• Are the government records accurate?  Sometimes yes, sometimes no. If you are being barred from buying a weapon for an erroneous rationale you have legal recourses available to you. Please contact us for a consult.
• What if I do have a felony or misdemeanor domestic violence conviction that is barring me from owning a firearm, is there anything I can do? You can always petition for a pardon. That is usually done by the governor of the state in which you were convicted or via the president if it is a federal offense. We can help you apply for a pardon through the governor's office in Colorado if that is were the conviction originated.

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Have you been denied for a Concealed Carry Permit? 

• Under Colorado law a denial can only happen if the sheriff's office in the county you are applying for a permit in has a legally valid rationale for denying you a permit.
• Can I appeal the denial of a conceal carry permit? Absolutely. The sheriff is required to review a denial. Furthermore if there is a second denial, the matter can be taken before a Judge who can order a sheriff to issue a permit if the reason for denial is invalid.

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Colorado has been increasingly widening the scope of cases that allow for someone's record to be sealed. It is important to consult with an attorney so you can determine whether that old arrest, accusation, or even conviction may be eligible to be sealed under today's laws.

• Were you charged with a crime and later the case was completely dismissed? We can potentially help you seal that.

• Were you charged with a crime and acquitted of all counts at trial? We can potentially help you seal that.

• Did you successfully complete a diversion program and that resulted in your charges being dropped? We can potentially help you seal that.

• Did you successfully complete a deferred judgement and sentence that resulted in your case being dismissed? We can potentially help you seal that.

• Were you convicted of municipal or petty offense not involving domestic violence? We can potentially help you seal that.

• Were you convicted of a misdemeanor not involving domestic violence or driving years ago?  We can potentially help you seal that.

• Were you convicted of a lower level felony or drug felony years ago? We can potentially help you seal that.

• Were you investigated for a crime that you were never charged with? We can potentially help you seal those police records.

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What is the process for sealing an old case?

• It depends on the nature of the charge and the outcome. Some case can be sealed by simply filing paperwork. Others may require a full hearing in front of a judge. Please asks us for a consult and we can discuss the particulars of your situation.

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Are there criminal conviction that cannot be sealed?

• Unfortunately yes. Generally speaking sex offenses, domestic violence, and traffic offenses (including DUIs) are not sealable. However, it is important to know your rights in your particular situation. So please feel free to reach out to us for a free consult.

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Does sealing a case where there was conviction restore my Second Amendment Rights?

• No, sealing a felony conviction does not restore firearm rights. You would still have to seek a pardon in order to be able to buy or possess a firearm in Colorado.

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Is it possible for a person to deregister as a sex offender in Colorado? 

• Possibly. Much depends on the nature of the underlying conviction and how much time has elapsed since the end of a prison or probationary sentence. It is important to review your options with a qualified and knowledgeable attorney.

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If my conviction was from out of state and I am required to register in Colorado, can I apply to deregister?

• Possibly. In order to determine how long someone must register in Colorado as a sex offender the statute (law) of the conviction in the other state must be compared to Colorado law. Eligibility for deregistration is determined based on the timeline for the most similar Colorado law. If there is a possibility of deregistration then a civil case can be filed in the county of your current residence in Colorado.

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Can you fight being charged with Failure to Register as a Sex Offender, 18-3-412.5?

• Yes, like any other charge the prosecutor must prove beyond a reasonable doubt that a person was required to register as sex offender under Colorado law and then failed to do so.

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