Will a disorderly conduct charge affect employment?
Disorderly conduct in Colorado can take many forms, each classified as a specific type of offense:
Making a “coarse and obviously offensive” utterance or gesture in public that “tends to incite” an immediate breach of peace: This is considered a petty offense unless committed with the intent to disrupt a funeral or cause emotional distress at a funeral, elevating it to a class 2 misdemeanor.
Making unreasonable noise in public or near a private residence that the person has no right to occupy: Similar to the first point, this is a petty offense but can be classified as a class 2 misdemeanor if the noise is made with intent to disrupt a funeral or cause emotional distress at a funeral.
Fighting with another person in public: This action is classified as a petty offense in Colorado.
Discharging a firearm in public (exceptions apply for target practice, law enforcement, and blank rounds at a funeral): This conduct is categorized as a class 2 misdemeanor.
Displaying a real or simulated firearm, or something fashioned to convey to a reasonable person that one has a firearm, or representing verbally that one is armed with a firearm in public and in order to alarm another person and does alarm another person: This action is deemed a class 1 misdemeanor.
Understanding the different types of disorderly conduct charges is essential in understanding the potential implications for your employment prospects and your ability to seal such records in the future.
Disorderly Conduct and Criminal Records in Colorado
In Colorado, disorderly conduct does show up on a person's criminal record unless the charge was dismissed or the conviction has been sealed. This means that when undergoing a background check, such as during the hiring process, an employer may be able to see this charge. This could potentially impact employment prospects, particularly in fields where a clean criminal record is crucial.
Sealing a Disorderly Conduct Record in Colorado
The duration that a disorderly conduct charge remains on a record is indefinite unless it is sealed by the court. The eligibility for sealing a record depends on the type of disorderly conduct offense you were convicted of, the sentence you received, or whether your charge was dismissed.
If your case was dismissed or your charge is dismissed after completing a diversion or deferred judgment, the court automatically seals the record immediately. For those convicted of a petty offense, a motion must be filed to seal the record one year after the case or sentence ends. The court will then seal the record if the filing and notice requirements for the motion are met.
If you are convicted of disorderly conduct as a class 2 misdemeanor, you must wait two years to file the motion, and if you are convicted of disorderly conduct as a class 1 misdemeanor, you must wait three years. The court has discretion to deny the sealing of a record for these levels of disorderly conduct, depending on several statutory factors.
To qualify for sealing a class 1 or class 2 misdemeanor disorderly conduct conviction, you must show the court that the harm to your privacy or danger of adverse consequences outweighs the public interest in retaining public access to the record of your conviction. The court is required to consider the following at a minimum: the severity of the offense, your criminal history, the number of convictions and their dates that you are seeking to seal, and the need for government agencies to retain the records. The fee for filing a motion to seal any conviction is $65.
