A criminal record can follow you for years after your case is resolved — affecting where you can work, where you can live, whether you can obtain professional licenses, and how you are perceived by others. For many Coloradans, expungement or record sealing offers a path to leaving that record behind. Understanding how these processes work, who qualifies, and what the limitations are is the first step toward taking action.
Expungement vs. Record Sealing in Colorado
Colorado law treats expungement and record sealing differently, and it is important to understand the distinction:
- Expungement physically destroys the record. The arrest, charge, or adjudication is eliminated from court files. Expungement in Colorado is primarily available for juvenile adjudications — it is limited at the adult level and typically applies only to specific narrow circumstances (such as certain petty offenses committed between ages 18 and 21).
- Record sealing hides the record from public view without destroying it. Sealed records are still accessible to law enforcement and courts, and in some circumstances must be disclosed (for example, under oath or when applying for certain government positions). From the general public’s perspective, a sealed record does not appear on background checks.
Who Is Eligible to Seal Criminal Records in Colorado?
Colorado expanded its record sealing laws significantly in recent years. Under CRS 24-72-706 and related statutes, the following may be eligible for sealing:
- Dismissed charges and acquittals: If your case was dismissed or you were found not guilty, you may be able to petition immediately to seal the arrest record.
- Conviction records: Many petty offenses and misdemeanor convictions are now sealable after a waiting period, provided you have not re-offended and have satisfied all sentencing conditions (fines, probation, restitution).
- Drug convictions: Colorado has specific provisions allowing sealing of certain drug-related convictions, including some felony drug convictions, after required waiting periods.
- Juvenile adjudications: Many juvenile records can be expunged once the person reaches a certain age and satisfies the required waiting period.
Records that are generally not sealable include convictions for crimes involving children, most sex offenses, Class 1 and Class 2 felonies, and some other serious violent felonies.
Waiting Periods Before You Can Petition
The waiting period before you can petition for sealing depends on the level of offense:
- Petty offenses and civil infractions: 1 year after final disposition
- Class 2 and 3 misdemeanors: 2 years
- Class 1 misdemeanors: 3 years
- Class 4, 5, and 6 felonies: 3 years for some drug felonies; otherwise longer periods apply
All fines, fees, restitution, and probation conditions must be completed before the waiting period begins to run.
The Sealing Process
The record sealing process in Colorado involves several steps. You must file a petition in the court where your case was handled, pay the applicable filing fee, and provide notice to the relevant agencies. The court then reviews the petition — and in some cases schedules a hearing — before issuing a sealing order. Once the order is granted, it is sent to the Colorado Bureau of Investigation and other relevant agencies to update their records.
The process typically takes several weeks to several months, depending on the court’s caseload and whether any party objects.
Limitations on Sealed Records
Sealing a record does not make it invisible in all contexts. Sealed records remain accessible to law enforcement, courts, and prosecutors in future criminal proceedings. You will generally need to disclose sealed records when applying for law enforcement positions, working with children or vulnerable adults, applying for certain federal licenses, or when asked under oath.
The FBI also maintains its own records, which may not be updated even after a state sealing order is granted.
Get Legal Guidance Before You Petition
The sealing process has strict procedural requirements. Errors in the petition, failure to identify the correct court or agencies, or misunderstanding your eligibility can result in delays or denials. Working with an experienced Colorado criminal defense attorney helps ensure the petition is filed correctly and that your eligibility is accurately assessed before you invest time and money in the process.
At Shazam Kianpour & Associates, P.C., we assist clients with record sealing across Denver, Arapahoe, Jefferson, Adams, and Douglas counties. Call 303-825-1075 or contact us online to discuss your situation.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.