A felony, according to the Colorado Constitution, is any offense for which an offender can be sentenced to a state penitentiary. It also states that the court’s power to sentence an individual is statutory, and that only the General Assembly has the authority to suspend any sentences.
During a felony conviction, the court has several options for imposing sentences. An imprisonment sentence with a mandatory parole period; a sentence to the Youth Offender System; a fine of $100 or more; probation that can include intensive supervision, confinement in a county jail facility, home restitution, and detention; community corrections; and a suspended sentence are examples of these.
Classifications of Felonies
Colorado categorizes felonies according to their severity. A Class 1 Felony is the most serious offense and carries the harshest punishment. This felony is punishable by life in prison or death without the possibility of parole. A Class 2 felony can result in as little as four years in prison or as much as forty-eight years in prison. This can also include a fine ranging between $5,000 and $1,000,000, as well as a five-year mandatory parole period.
Class 3 felonies carry a prison sentence of no less than two years and no more than twenty-four years. A fine of three thousand dollars to seven hundred fifty thousand dollars is also possible, with a five-year mandatory parole period. Class 4 felonies are punishable by one year in prison and up to twelve years in prison. A three-year parole period is imposed, as is a fine of between $2,000 and $5,000,000.
A Class 5 felony can result in up to six years in prison, with a minimum of six months. Two years of parole are required, with a possible fine ranging from $1,000 to $100,000. The final classification is a Class 6 Felony, which carries a state prison sentence of six months to three years. In Class 6 felonies, one year of parole is required, along with a fine ranging from $1,000 to $100,000.
Expungement of Felonies in Colorado
Even though expungement removes criminal records, it does not make them disappear. These records are still available for general law enforcement and civil use. In exceptional circumstances, expunged records may be searched, used, or retrieved pursuant to a court order. Even though arrest and conviction records can be expunged, other court records such as civil lawsuits, judgments, and property deeds will not be affected.
Expungement is the process of legally erasing criminal records. Under the circumstances of the United States military forces, a district attorney, local law enforcement agency, or the department of human services may have access to past records in juvenile cases.
Only certain crimes, such as juvenile records or any crime as requested by the court, can be expunged. Most of the time, this refers to crimes that have been acquitted or dismissed.
