Having a criminal record can make moving forward in life far more difficult than many expect. Old arrest records and convictions can appear in background checks for jobs, housing, and loans—even decades later. In Colorado, the process of clearing certain drug offenses is generally called criminal records sealing, not “expungement,” except in specific cases such as juvenile records.
If you have been convicted of a petty drug offense, a drug felony, or other low-level drug offenses, you may wonder if your record can be made invisible to the public. While some criminal convictions can be hidden, Colorado’s laws on sealed records include strict eligibility criteria and a defined legal process. Understanding the difference between sealed records and expunged records is the first step toward putting your past mistakes behind you.
Clearing or sealing criminal records from the public in Colorado requires understanding the legal process, meeting the eligibility criteria, and following the strict procedures of the Colorado judicial branch. While not all criminal records can be sealed, many criminal records—such as petty drug offenses and even certain drug felonies—are eligible for sealing after a set waiting period.
With the right legal assistance, you can navigate the system, obtain a court order, and keep your criminal history hidden from most employers and landlords. Wolf Law LLC is committed to helping clients move past their past mistakes and build a brighter future, talk to us to find out what we can do for you.
What Drug Charges Can Be Expunged?
In 2024, some 18,834 individuals in Colorado were arrested for drug offenses. These arrest or criminal records can lead to issues down the road, even long after laws have changed. However, certain petty offenses and petty drug offenses may be sealed after a waiting period if you meet the eligibility criteria outlined in the Colorado Revised Statutes.
For example, marijuana possession, now legal under Colorado law, can often be sealed more quickly. Some felony convictions related to drug offenses may also qualify after several years without subsequent offenses, depending on the level of the charge. Cases resolved through diversion programs or dismissals are often eligible for sealing right away.
If your criminal case was dismissed, you were acquitted, or you completed probation successfully, you may be able to seal your record without a long delay. However, more serious drug felonies require longer waiting periods and may be denied if the district attorney or law enforcement agencies object. Every situation is unique, and reviewing your criminal history with an attorney is essential.
What Crimes Cannot Be Expunged in Colorado?
Not all crimes are eligible for record expungement or sealing. Certain sexual offenses, violent crimes, and human trafficking charges are permanently excluded from sealing under Colorado law.
In the context of drug offenses, charges involving the distribution of drugs to minors, large-scale trafficking, or connections to violent acts cannot be sealed. Other crimes tied to public safety, such as serious traffic offenses involving fatalities, are also excluded.
- Even for eligible crimes, the Colorado Bureau of Investigation and the district court will review your request. If the district attorney opposes sealing, the court will weigh the facts before issuing a court order.
- The best way to raise your chances of success may be to find a legal professional to assist you. Get in touch with Wolf Law LLC to ask for our advice.
Does Colorado Have a Clean Slate Law?
In some states, public criminal records for certain petty offenses and traffic offenses are automatically cleared after a set number of years. These “Clean Slate” provisions can make expunging criminal records far easier for residents. Colorado is one of these states.
In 2022, Colorado passed the “Clean Slate” act that automatically clears public criminal records after a set number of years. In addition, recent changes to Colorado law have shortened the waiting period for certain petty offenses, petty drug offenses, and some low-level felony convictions. The law also expanded eligibility to include more drug offenses and other offenses where rehabilitation is clear.
Still, sealing is not automatic for some offenses. Even for covered offenses, you may still want to ensure that the record is sealed when it should be.
How Much Does it Cost to Get Your Record Sealed in Colorado?
The cost to seal or expunge a record in Colorado depends on the type of offense and where you file. Filing fees in the district court or county court generally range from $65 to $225.
- If you hire an attorney for legal assistance, costs will also include professional fees, which vary depending on the complexity of your criminal case. While it is possible to handle the legal process yourself, an attorney can ensure that government agencies like the Colorado Bureau and the police receive the right notices and that all deadlines are met.
- For qualifying low-income applicants, the court may waive filing fees. This can make sealing criminal records more accessible to people trying to move beyond their past mistakes. At Wolf Law LLC, we promise to call you back the same day you contact us, we are there for you when you need us most.
What Employers See After a Record Is Sealed in Colorado
Once the appropriate court grants your petition for sealing, your record becomes a sealed criminal record. This means that most private employers, landlords, and members of the public will not see your criminal history in a standard background check.
Under Colorado law, you can legally state that you have not been convicted of the sealed offense when applying for housing or most jobs. However, certain government agencies, law enforcement agencies, and positions involving public safety may still have access.
The Colorado Bureau and law enforcement may retrieve sealed information for limited purposes, such as investigating subsequent offenses or processing specific criminal cases. If you have questions or suspect that employers are not showing equal opportunity to applicants, you may want to seek advice you can trust.
Schedule your free legal consultation today! Call Wolf Law LLC or contact our legal representatives online.
Steps to Take Before Filing for Record Sealing in Colorado
- Before you begin the legal process of record sealing or record expungement in Colorado, it’s important to prepare. Taking the right steps in advance can improve your chances of success and prevent delays in the appropriate court.
Being proactive ensures that the district or local court, Colorado Bureau of Investigation, and other government parties receive accurate and complete information. It also helps you meet all eligibility criteria set forth by the Colorado Revised Statutes. You can take the following actions before filing.
Obtain your full criminal history
Request your official criminal records from the Colorado Bureau or a certified background check service. This ensures that you know exactly which records of arrest, criminal convictions, or sealed criminal records exist under your name.
Review eligibility under Colorado law
Study the Colorado Revised Statutes or consult an attorney to determine whether your offense—such as petty drug offenses, possession of marijuana, or certain drug felonies meets the eligibility criteria. Remember that sexual offenses, human trafficking, and certain violent crimes are excluded.
Check the waiting period requirements
Make sure the necessary waiting period for your offense type has passed. This varies based on whether your case involved the conviction of a felony, petty offenses, juvenile records, or traffic offenses.
Collect all court documentation
Gather certified copies of your criminal case documents, including judgments, proof of sentence completion, and any dismissals or diversion agreements. These may be required by the appropriate court when reviewing your petition.
Address any subsequent offenses
If you have had subsequent offenses since your original conviction, they could affect your eligibility for record sealing. Work with your attorney to determine whether these need to be resolved before filing.
Consult the district attorney
In some cases, discussing your petition with the district attorney ahead of time can help address objections that might come up during your hearing date.
Get legal assistance
Hiring an attorney experienced in expunging criminal records can help you navigate the legal process, prepare a strong petition, and handle communication with law enforcement agencies.
Taking these steps before filing not only makes the legal process smoother but also increases the likelihood of a favorable court order. With the right preparation, you can move forward toward making your criminal record inaccessible to the public.
How Wolf Law LLC Can Help
Petitioning for record sealing or record expungement under Colorado law involves multiple steps, from checking eligibility criteria to notifying the district attorney and attending a hearing date. The legal system can be complex, and mistakes in filing with the Colorado judicial branch or the district court can result in delays or denials.
Wolf Law LLC offers comprehensive legal assistance to people seeking to seal drug offenses, petty offenses, marijuana possession cases, and certain felony convictions. Our team understands the Colorado Revised Statutes, the procedures of the appropriate court, and the concerns of law enforcement agencies and the Colorado Bureau of Investigation.
Whether your case involves juvenile offenses, a dismissed criminal case, or a conviction that meets the waiting period requirements, we can help seal your criminal record. Don’t let past mistakes limit your future, contact Wolf Law LLC to discuss your situation today.
If you find yourself in need of expunging your record, get in touch with us. Contact us or call 720.479.8574 to schedule a free consultation to talk about your options.
