Colorado Judicial Branch - Self Help - Relief from Collateral Consequences (non-court consequences)

Relief from Collateral Consequences (non-court consequences)

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Relief from Collateral Consequences (non-court consequences)

Relief from Collateral Consequences (non-court consequences)
These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

How do I get relief from certain collateral (non-court) consequences of my criminal conviction?
- 1. What are "collateral consequences"?
  - * 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.”
    
    * A collateral consequence does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, costs of prosecution, or a restraint or sanction on your driving privilege.
- 2. Determine whether you meet the requirements to get relief from collateral consequences.
  - * You may ask the court for relief from collateral consequences if:
    
    1. You are sentenced to probation; OR
    2. You are sentenced to a community corrections program; OR
    3. You have entered into an "alternative to sentencing" agreement such as diversion, deferred sentence, work release, in-home detention, etc. (see §18-1.3-101 - 107, C.R.S. for more information).
    
    * You may not ask the court for relief from collateral consequences if:
    
    1. You have been convicted of a felony that included an element that requires a victim to suffer permanent disability; OR
    2. You have been convicted of a crime of violence (see §18-1.3-406, C.R.S.); OR
    3. You are required to register as a sex offender.
- 3. Identify what you need to do before you start your case.
  - * Before you file your paperwork with the court, you will need to get a recent copy of your fingerprint-based criminal history report from the Colorado Bureau of Investigation (CBI). You will need to attach this criminal history report to the paperwork you file with the court.
    
    * You can call the CBI at 303-239-4201. The CBI is located at 690 Kipling Street, Suite 3000, Lakewood, CO 80215.
- 4. Identify where to file your case.
  - * You should file your case in the same court where the conviction happened that caused the collateral consequence(s) from which you need relief.
    
    * To find a court location, search Courts by County.
- 5. Fill out the correct paperwork.
  - * You will need these forms:
    JDF 238 Application for an Order of Collateral Relief
    JDF 239 Order for Collateral Relief
    
    * For additional information, refer to JDF 237 Instructions to File and Application for an Order of Collateral Relief.
    
    * You will enter your name wherever it says "Defendant" or "Applicant".
    
    * You will use the same case number from the criminal case that caused the consequence(s) from which you need relief.
    
    * Fill out all sections of JDF 238 Application for an Order of Collateral Relief except for the "Certificate of Service" part at the bottom (this may be done after you file the form with the court).
    
    * REMEMBER: Make sure to attach your fingerprint-based criminal history report to JDF 238 Application for an Order of Collateral Relief.
    
    * Fill out only the top caption part of JDF 239 Order for Collateral Relief. The court will fill out the rest.
    
    * Take your completed forms to the court and give them to the clerk to file your case. There is no filing fee.
- 6. Serve the paperwork.
  - * Within 10 days after you file your paperwork with the court, you must send a copy of the JDF 238 Application for an Order for Collateral Relief you filed with the court to the District Attorney who prosecuted your criminal case, and to any regulatory or licensing body related to the collateral consequence(s) from which you are seeking relief.
    
    * You must send JDF 238 Application for an Order for Collateral Relief in one of these ways:
    
    1. Certified Mail - if you use certified mail, complete the "Certificate of Service" part of JDF 238 Application for an Order for Collateral Relief, attach the certified mail return receipts, and file it with the court; OR
    
    2. Arrange to have JDF 238 Application for an Order for Collateral Relief delivered in person. The process of having the Application delivered is known as personal service. Refer to the step-by-step instructions on how to arrange for personal service and how to return proof of service to the court.
- 7. Wait for the court to review your paperwork.
  - * The court may make a decision without a hearing, or the court may need to have a hearing before making a decision. If the court decides to conduct a hearing, you should be present at the hearing.
    
    * If the court grants your request, you will get a signed copy of JDF 239 Order of Collateral Relief. It will be your responsibility to send the Order to any appropriate agency.