For many people in Colorado, a criminal record doesn’t end when a case closes. A past arrest or criminal conviction can continue to impact employment, housing, and even educational opportunities for years. Fortunately, Colorado law allows many individuals to have their criminal records sealed, providing a genuine fresh start.
Not everyone is eligible for expungement or sealing, however. The process is complex, involves multiple steps, and depends on the type of criminal offense, the final disposition, and how much time has passed. Understanding what can be sealed in Colorado—and what cannot—is essential for anyone hoping to move forward.
Understanding Record Sealing vs. Expungement
In Colorado, people often use “expungement” and “record sealing” interchangeably, but they mean slightly different things.
- Expungement generally refers to the destruction of records, most often available in juvenile offenses or for cases involving mistaken identity. Once expunged, the record is legally treated as if it never existed.
- Record sealing, by contrast, means the record still exists but is hidden from public view. Employers, landlords, and most background check companies cannot access it. Only law enforcement agencies, district attorneys, or the court can view sealed records under specific circumstances.
For adults, sealing is the more common route, while juveniles may qualify for complete expungement under the Colorado Revised Statutes.
Why Sealing Matters
Even a single criminal charge, especially one resulting in a criminal conviction, can have lifelong consequences. Many employers use background checks, and even a petty offense or misdemeanor drug offense can raise red flags.
Sealing or expunging your criminal record removes those entries from public access, allowing you to legally answer “no” when asked if you’ve been convicted of a crime (unless applying for certain government or law enforcement jobs, or other careers that may require disclosure – such as lawyers taking the bar exam for example).
This process can improve opportunities in:
- Employment and professional licensing
- Housing and loan approvals
- Education and scholarship applications
- Adoption or volunteer programs
Sealing isn’t automatic in most cases—you have to petition the district court that handled your case.
When You Can Seal a Criminal Record
Colorado’s laws on sealed records have evolved significantly. Under recent updates, many non-conviction records (for example, cases that were completely dismissed, or where you were acquitted) are eligible for automatic record sealing through the Colorado Judicial Branch. This is ideally how the process will go if your case was dismissed, but you should either check yourself or contact a qualified Sealing Attorney like Wolf Law to make sure as it is not a completely reliable process.
If your case doesn’t qualify automatically, you can still petition for sealing if:
- The criminal charges filed were dismissed, or you were found not guilty.
- You successfully completed a diversion agreement or deferred judgment.
- A sufficient waiting period has passed since the final disposition of your case (and the charge you were convicted of qualifies for sealing).
The waiting period varies based on the type of case and ranges from one year for petty offenses to up to five years for certain felonies. The court will consider whether sealing your record serves public safety and whether you’ve demonstrated rehabilitation.
Eligible Offenses for Sealing in Colorado
Arrests and Non-Conviction Records
If you were arrested but never formally charged—or if your case was dismissed—you can often seal those criminal justice records immediately.
Even if charges were filed, if the court dismissed the case, or if you were found not guilty, you can usually file a petition right away.
Deferred Judgment or Diversion
If you completed the conditions of a deferred judgment or diversion agreement, you are typically eligible to have that case sealed. This includes compliance with probation, community service, or other court-ordered requirements. Once you’ve met all conditions and the case is officially closed, you can begin the process to seal your record.
Misdemeanor and Petty Offenses
Certain misdemeanor convictions and petty offenses—especially petty drug offenses—can be sealed after a waiting period, provided you haven’t committed another criminal offense. For example:
- Petty drug offenses may be sealed after one year.
- Class 2 or 3 misdemeanors may be sealed after two years.
- Lower-level felonies, such as drug felonies, may be sealed after three to five years, depending on the severity.
Juvenile Records
Juvenile offenders often have more flexible options. Many juvenile records can be expunged—not just sealed—if the young person has completed probation, paid all restitution, and has no further pending cases. The juvenile court typically grants expungement automatically unless law enforcement or the district attorney objects.
Offenses That Cannot Be Sealed
Not every record qualifies for sealing under Colorado law. The following offenses are excluded from eligibility:
- Sex offenses, including those requiring registration under the sex offender registry
- DUI and DWAI convictions
- Domestic violence crimes
- Child abuse cases
- Certain violent felonies
- Human trafficking offenses
- Traffic Offenses
Additionally, if you still owe fines, court costs, or restitution, your petition to seal will be denied until those obligations are paid in full.
Repeat offenders and those with multiple open cases may also be ineligible until all matters are resolved.
The Waiting Period Explained
One of the most misunderstood parts of record sealing is the waiting period. The law requires that a specific amount of time pass after your final disposition (meaning the case is closed, and you’ve completed all requirements).
Typical waiting periods include:
- 1 year – for petty or low-level misdemeanors
- 2 years – for most misdemeanor convictions
- 3 years – for class 4, 5, or 6 felonies
- 5 years – for some drug felonies or serious offenses
During the waiting period, you cannot have any new criminal convictions. If you’re charged again, the waiting period resets.
The Petition Process: How to Get a Record Sealed
Filing a petition to seal criminal records involves several steps, and even a small mistake can delay or derail your request.
- Gather Case Information: Obtain all court records, arrest records (date of arrest, arrest number), your case number, date of conviction, and details from the Colorado Bureau of Investigation (CBI).
- Determine Eligibility: Confirm that your offense qualifies under the Colorado Revised Statutes and that the waiting period has passed.
- Complete the Petition Forms: You’ll need to submit a petition and an order to seal to the district court where your case was handled.
- Pay the Filing Fee: A filing fee applies in some cases unless you qualify for a fee waiver due to financial hardship.
- Notify the District Attorney: The district attorney’s office must be served with your petition. They may object or consent.
- Attend the Court Hearing: If a hearing is scheduled, you and your attorney can present evidence showing why sealing your record serves the interests of justice.
- Obtain the Court Order: If approved, the judge signs a court order directing all relevant agencies—including law enforcement and the Colorado Bureau of Investigation—to seal your record.
- Serve the Court Order on All Agencies that maintain the Records: This includes the police agency that charged you, the police agency that jailed you (if different), the District Attorney’s Office, and the Colorado Bureau of Investigation.
Once sealed, you can legally state that the incident “never occurred,” except in specific legal contexts such as applying for law enforcement positions.
Automatic Record Sealing in Colorado
Recent legislation created automatic record sealing for many non-conviction records. If your case was dismissed, resulted in acquittal, or involved mistaken identity, the Colorado Judicial Department may automatically seal it after a designated time—usually within one year.
However, automatic sealing doesn’t apply to cases with convictions or plea agreements. Those still require a petition and sometimes a hearing.
Mistaken Identity and Wrongful Arrests
If you were arrested due to mistaken identity, you can petition for your arrest records to be sealed immediately. This provision recognizes that errors in the criminal justice system can unjustly harm innocent individuals.
The state court administrator and law enforcement agencies must remove your name from databases once the court grants the order, ensuring your record no longer appears in background checks or law enforcement systems.
Deferred Judgment and Diversion Agreements
A deferred judgment allows a person to plead guilty but avoid criminal conviction if they complete court-ordered conditions during a probation period. Once completed successfully, the plea is withdrawn, and the case can be sealed.
Similarly, those who complete diversion agreements—typically involving counseling, community service, or restitution—can file for sealing immediately after fulfilling all terms. These programs are designed to help individuals avoid long-term criminal history for minor mistakes.
The Role of a Criminal Defense Attorney
Although Colorado provides self-help resources through the judicial department, navigating criminal record sealing can be overwhelming. A skilled criminal defense lawyer can:
- Determine your eligibility and calculate the proper waiting period
- Ensure your petition is correctly filed and served
- Represent you during a hearing if the district attorney objects
- Expedite communication with the court and law enforcement agencies
- Protect your rights and ensure your record sealed properly across all databases
Having legal representation can also help avoid unnecessary delays or rejections due to paperwork errors.
The Benefits of a Sealed Record
Once your conviction record or arrest record is sealed, it will no longer appear on most background checks. This can open doors to:
- Better employment and promotion opportunities
- Housing approval without discrimination
- Restored reputation and community standing
Importantly, your sealed record is not destroyed; it remains accessible only to certain law enforcement agencies and the Colorado Bureau of Investigation for limited legal purposes.
Still, for everyday life, having a record sealed in Colorado can remove barriers and allow you to rebuild with confidence.
If you’re unsure whether you qualify for record sealing or expungement, professional guidance can make all the difference.
Call Wolf Law at (720) 479-8574 for a free consultation. Our experienced Colorado attorneys will review your criminal history, explain your options, and help you pursue the clean slate you deserve under Colorado law.
