Sealing Minor in Possession Records
This information applies only to MIP cases filed in the Boulder Municipal Court (yellow ticket). If your case was filed in the Boulder County Court (white ticket), click here for information about sealing your record.
Can the record of my MIP be sealed?
Yes, in most cases. If you had a Deferred Prosecution or a Deferred Judgment and there were no charges other than MIP, you can petition the court to seal your record as soon as your Deferred Prosecution or Deferred Judgment is completed. Deferred Prosecutions are eligible to be sealed after the alcohol class has been completed. Deferred Judgments are generally able to be sealed after nine months. Click here for the form to use to petition the court to seal the record of your MIP charge.
What if I pled guilty or was found guilty of the MIP charge?
If you pled guilty, you can petition the court to seal your record one year after the date of your guilty plea. The petition will be granted as long as you have not had any new charges during that one year period.
If you were found Not Guilty or your case was dismissed, you can petition the court to seal your record immediately.
What if I pled guilty to another charge in addition to my MIP charge?
If you pled guilty to an additional charge and it was not part of a Deferred Prosecution or Deferred Sentence agreement, the record of that charge cannot be sealed. This is most common when the additional charge is Possession or Consumption of Alcohol in Public, Urinating in Public, or Littering.
If you pled guilty to an additional charge and it was part of a Deferred Prosecution or Deferred Sentence agreement, then the record of all charges can be sealed once the Deferred Prosecution or Deferred Sentence has been successfully terminated. In these cases, the request to seal your record must be filed in the District Court for the 20th Judicial District (Boulder). Click here for more information.
How much does it cost to seal my MIP record?
If you are eligible to file your request to seal your record in the municipal court, there is no charge to seal your record.
Do I need to do anything more after my request to seal my record is granted?
Yes, you must take a copy of the court order sealing your record to the agencies indicated on the court order or they will not know to seal your record.
How do I answer questions about my criminal history if my MIP record has been sealed?
This is what state law C.R.S. §24-72-308(f) says about the effect of sealing a court record: (I) Employers, educational institutions, state and local government agencies, officials, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in sealed records. An applicant need not, in answer to any question concerning arrest and criminal records information that has been sealed, include a reference to or information concerning such sealed information and may state that no such action has ever occurred. Such an application may not be denied solely because of the applicant's refusal to disclose arrest and criminal records information that has been sealed. There are exceptions to 24-72-308(f) for prospective attorneys and licensed educators.
Last Updated on Wednesday, 25 July 2012 09:38