If you are convicted of a crime, you will face certain penalties imposed by the court such as jail time, probation, fines, etc. Your conviction may also bring about additional consequences other than the penalties imposed by the court. For example, you may not be able to get a certain type of job or license, or you may not be eligible for certain public benefits or housing. These additional consequences are known as “collateral consequences.”
This general information about collateral consequences will explain the basic steps you will need to follow in order to file an application asking the court to provide you with relief from collateral consequences. You must meet the eligibility requirements in order to apply for an Order of Collateral Relief. However, the Court will make the final decision whether to grant the relief you are requesting.
An Order of Collateral Relief may relieve a Defendant of any collateral consequences of a criminal conviction, including housing and employment barriers or any other sanction or disqualification that the court shall specify which will assist the Defendant in successfully completing an alternative to sentencing or probation. Further information on various collateral consequences can be found on the State Public Defender’s website at www.coloradodefenders.us.
A “collateral consequence” does not include incarceration, probation, forfeiture, restitution, fine, assessment, costs of prosecution, or a restraint or sanction on an individual’s driving privilege.
If you are granted collateral relief, that relief may later be revoked if you get another criminal conviction or if there is evidence that you are no longer entitled to the relief.
You MAY ask the court for an Order for Collateral Relief if:
- You are sentenced to probation; OR
- You have entered into an “alternative to sentencing” as defined in Colorado Revised Statutes (C.R.S.) §18-1.3-101 – 107.
You MAY NOT ask the court for an Order for Collateral Relief if:
- You have been convicted of a felony that included an element that requires a victim to suffer permanent disability; OR
- You have been convicted of a crime of violence as described in §18-1.3-406, C.R.S.; OR
- You are required to register as a sex-offender pursuant to §16-22-103, C.R.S.
- In addition, a court cannot grant relief from any collateral consequence imposed by law for licensure by the Department of Education, or for employment with the Colorado Judicial Branch, Department of Corrections, Division of Youth Corrections in the Department of Human Services, or any other law enforcement agency in the State of Colorado.
Click here for Steps to Filing Your Application
If you do not understand this information, please contact an attorney.