My question involves education law in the State of: Colorado
I was in school. Excellent grades and student conduct. Then a school officials made accusations. Sent campus police to investigate and they arrested me.
School filed disciplinary charges and stated these facts were grounds for expulsion:
1.) I refused to answer questions by school officials without an attorney present regarding the criminal allegations.
2.) Criminal allegations
3.) I broke down crying - the school called it a “tearful panic. ” They said this was another violation of the conduct code.
4.) A matter that the school rescinded under pressure from the Dept of Ed - and is super easy to address. I won't write it here for privacy reasons.
5.) Unpaid parking violation (opps - I think they just added this because they were pissed.)
I paid the parking ticket and criminal case proceeded regarding item 2. Investigation lead to the DA dismissing the criminal charges. The criminal charges against me were sealed right away per request of all parties. (Expungement not an option in CO.)
Court issued standard order to seal the case.
"The Court having read the Petition to Seal Arrest and Criminal Records, examined the record, considered the responses filed by the District Attorney or any other person or agency, and conducted a hearing, finds that the harm to privacy of the subject of the record to be sealed or dangers of unwarranted adverse consequences to that person outweigh the public interest in retaining the record. Alternatively, the Court finds that the petition is sufficient on its face and that a hearing is not required pursuant to § 24-72-702(1)(b)(II)(A), C.R.S.
(....my identifying info....)
ORDERS that the criminal records information specifically relating to and contained in:
County Court case number: ________
District Court case number: _______
Municipal Court Case number: _______
Law Enforcement Agency case number:
Arrest number (from fingerprint card): Date:
shall be sealed immediately, except for basic identifying information, and that upon inquiry in the matter, the Person in Interest and criminal justice agencies to which this Order is directed may properly reply that no such records exist with respect to such person.
The Court directs the above order to the Clerk of Court to seal the criminal case(s) listed above. The Court also directs the Clerk of Court to seal this civil action...."
This happened 8 years ago.
I’d like to finish my degree now at a new school. Every application asks if I have ever been arrested. It’s my understanding I can say no. Is this correct?
They also ask if I was ever charged with conduct code violations.
How do I address this?
The school stated they would not release the campus police reports. When I ask the school if they will release the letter about their reasons to expel me, they do not respond. Can they legally release that letter as well? It contains all the now sealed criminal case info.
I don’t understand how criminal justice records and educational records law intersect when it comes to an order to seal a criminal charge that lead to expulsion from an educational institution.
Any thoughts on this would be much appreciated.
I was in school. Excellent grades and student conduct. Then a school officials made accusations. Sent campus police to investigate and they arrested me.
School filed disciplinary charges and stated these facts were grounds for expulsion:
1.) I refused to answer questions by school officials without an attorney present regarding the criminal allegations.
2.) Criminal allegations
3.) I broke down crying - the school called it a “tearful panic. ” They said this was another violation of the conduct code.
4.) A matter that the school rescinded under pressure from the Dept of Ed - and is super easy to address. I won't write it here for privacy reasons.
5.) Unpaid parking violation (opps - I think they just added this because they were pissed.)
I paid the parking ticket and criminal case proceeded regarding item 2. Investigation lead to the DA dismissing the criminal charges. The criminal charges against me were sealed right away per request of all parties. (Expungement not an option in CO.)
Court issued standard order to seal the case.
"The Court having read the Petition to Seal Arrest and Criminal Records, examined the record, considered the responses filed by the District Attorney or any other person or agency, and conducted a hearing, finds that the harm to privacy of the subject of the record to be sealed or dangers of unwarranted adverse consequences to that person outweigh the public interest in retaining the record. Alternatively, the Court finds that the petition is sufficient on its face and that a hearing is not required pursuant to § 24-72-702(1)(b)(II)(A), C.R.S.
(....my identifying info....)
ORDERS that the criminal records information specifically relating to and contained in:
County Court case number: ________
District Court case number: _______
Municipal Court Case number: _______
Law Enforcement Agency case number:
Arrest number (from fingerprint card): Date:
shall be sealed immediately, except for basic identifying information, and that upon inquiry in the matter, the Person in Interest and criminal justice agencies to which this Order is directed may properly reply that no such records exist with respect to such person.
The Court directs the above order to the Clerk of Court to seal the criminal case(s) listed above. The Court also directs the Clerk of Court to seal this civil action...."
This happened 8 years ago.
I’d like to finish my degree now at a new school. Every application asks if I have ever been arrested. It’s my understanding I can say no. Is this correct?
They also ask if I was ever charged with conduct code violations.
How do I address this?
The school stated they would not release the campus police reports. When I ask the school if they will release the letter about their reasons to expel me, they do not respond. Can they legally release that letter as well? It contains all the now sealed criminal case info.
I don’t understand how criminal justice records and educational records law intersect when it comes to an order to seal a criminal charge that lead to expulsion from an educational institution.
Any thoughts on this would be much appreciated.
Student Privacy: Criminal Records Sealed, but What About College Disciplinary Record of the Same
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