Sealing or Expunging Criminal Records

For many people, it can feel impossible to escape the ever-looming presence of their prior criminal history. It’s an unfortunate fact that those with a criminal record have issues navigating their daily life. It may increase the difficulty of obtaining employment, a professional license, and could significantly impact a person’s professional and personal future. Thankfully, the state of Colorado does offer those with a criminal record a way to move on from their past.

If you’ve been charged with a crime in the past, you can attempt to erase your criminal history by petitioning for expungement or a record seal. Sealing your record will automatically make your criminal record invisible to the public. That means your future employers will not be able to pull it from a background check. Expunging your records will mean destroying them entirely. Expungement, however, is only reserved for juvenile offenses, underaged drinking, and driving convictions in the state of Colorado.

Denver Record Seal Attorney, CO

There are a number of circumstances in which you may be eligible to have your record erased or sealed. Call Denvers Defense Attorney for a free initial consultation to see if you qualify for record seal or expungement. We can determine if your circumstances allow you to file an application and what you’ll need to be successful.

The expungement of criminal records and the sealing of criminal records are legal rights, and they are areas of the law in which criminal defense attorney Matthew Martin can be of legal assistance. Many people do not know that an arrest alone goes on a permanent record, even if charges were never filed. Call Denvers Defense Attorney now to get the facts on Colorado law and your case.

Denvers Defense Attorney accepts clients throughout the greater Denver area including Douglas County, Adams County, Boulder County, Arapahoe County, Jefferson County, and Broomfield County.

Overview of Record Sealing and Expungement in Colorado

• What Is the Difference Between Sealing and Expunging Your Criminal Record?
• How to Expunge Your Criminal Record
• Waiting Periods for Juveniles
• How to Get Your Record Sealed in Colorado
• Can You Seal a Felony Crime in Colorado?
• Which Offenses Cannot Be Sealed in Colorado?
• Frequently Asked Questions
• Additional Resources

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What is Better Expunged or Sealed Criminal Records in Colorado?

It’s common for people to interchange the terms sealing or expungement in reference to criminal records. However, under Colorado law they have different definitions and are two separate legal processes. Expungement in Colorado only exists for juveniles, underaged drinking and driving, or those who were arrested due to mistaken identity.

When your record has been expunged, it’s been destroyed completely. Both state officials and law enforcement will not be able to access your prior history. The state of Colorado will only allow you to expunge your record under very specific circumstances. It’s really only reserved for juveniles and is difficult to obtain.

Sealing your record, on the other hand, restricts the availability of your criminal record. It will no longer be available to the public, meaning your future job/landlord won’t see any prior arrest or charges on your record. You can also state on an interview that you’ve never been charged/arrested with a crime lawfully. While the public can’t access it, law enforcement and the district attorney’s office both will still be able to pull up your records.

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How to Expunge Record in Colorado

The first step is to see if you even qualify for expungement. The expunging process is only limited to very specific crimes and offenders. Under Colorado law, the only records that are able to be expunged include:

• Juvenile criminal records
• Underaged drinking and driving records (UDD)
• Arrest records for cases of mistaken identity

It’s important to note that you cannot expunge any crime committed by a juvenile. Certain juvenile records are not eligible for expungement if they contain the following:

• Adjudication as a violent sex offender or an aggravated juvenile offender
• Conviction for a traffic offense or infraction
• Conviction for a felony sex offense
• Conviction for homicide or a comparable offense

You can petition the court for expungement if you qualify. Usually, you will have to wait a certain amount of time before petitioning as the court requires a waiting period to pass first. However, there are cases where there is no wait to petition the court for an expungement. These specific cases include:

• Defendants who were found not guilty or not delinquent of the charge at trial
• Defendant completed their diversion program, deferred judgement, or adjudication
• Defendant finished an informal adjustment
• The charges were dropped by the district attorney
• The defendant was arrested, no investigation occurred, and the statute of limitations has already passed

Defendants with an UDD criminal conviction are able to petition for expungement immediately after they turn 21 years of age. Record expungement of arrests involving mistaken identity must occur no later than 90 days after an investigation determines the arrest was a mistake.

Once your petition is sent to the appropriate court, you’ll have to wait for their decision. Most expungement cases if they qualify are granted as long as the petitioner is eligible, and the forms were completely correctly. In some cases, a hearing will be scheduled.

If the court schedules a hearing, then at the hearing you can present your case as to why your record is eligible for expungement. At the hearing you can bring legal representation and the arresting officer may appear at the scheduled court date. If the expungement is granted you’ll receive an “order to expunge” in the mail.

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Expungement Waiting Period for Juvenile Delinquents

• Defendants who’ve finished probation – 1 Year
• Contact with law enforcement did not lead to a referral to another agency – 1 Year
• Defendant received an unconditional release from parole supervision or from a commitment to the Colorado DHS – 3 Years
• Defendant was released from their sentence as a repeat/mandatory offender – 5 Years

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How to Get Your Criminal Record Sealed in Colorado?

Similar to expungement, you’ll have to find out if you even qualify for a record seal. There are many factors that go into the decision of whether a person can seal their record or not. A few of these factors include:

• The type of crime
• The age of the defendant
• If the defendant was convicted
• When the case was closed or if it was dismissed

Cases of arrest or charges that don’t result in a conviction are eligible for a record seal. These types of cases where a record seal is possible includes:

• If the defendant was ultimately not charged with a crime
• If the defendant was eventually dismissed of all charges
• If the defendant was acquitted and found “not guilty” of all charges

If your case ended in any of the above outcomes, then you’re eligible for a record seal immediately. Please note that deferrals or defendants who had their charges dropped due to a plea deal are not eligible for an immediate record seal.

However, if your case didn’t ultimately have one of the outcomes listed above, you’ll have to go through a waiting period before qualifying. Assuming all other requirements are met, the waiting period for sealing your criminal record can be found below.

You will then petition the court if you’re eligible for a record seal. Similar to expungement, they will either grant the seal or schedule a hearing. The hearing will then determine the court’s decision and you will receive the court order in the mail if your record was sealed.

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Can You Seal a Felony Conviction in Colorado?

Depending on the case, you may be able to seal a felony conviction. The only felony convictions that are eligible for a record seal include:

• Class 4 felonies
• Class 5 felonies
• Level 2 drug felonies
• Level 3 drug felonies
• Level 4 drug felonies

The following are types of felonies that will never qualify for a record seal.

• Class 1 felonies
• Class 2 felonies
• Class 3 felonies
• Level 1 drug felonies
• Felony sex crimes
• Felony DUI or DWAI
• Felony domestic violence convictions
• Felony crimes involving a commercial driver’s license

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Which Offenses Cannot Be Sealed in Colorado?

Colorado permits many lower-level convictions to be sealed after the applicable waiting period, but certain convictions are excluded from the ordinary sealing process. Ineligibility depends on the exact statute, offense classification, sentencing designation, and factual basis of the conviction—not merely the general name of the charge.

Class 1, Class 2, and Class 3 Felonies – Convictions classified as class 1, class 2, or class 3 felonies generally cannot be sealed. This exclusion applies even when the offense appears outside Colorado’s main criminal code. Examples commonly include:

• First-degree murder
• Second-degree murder
• First-degree kidnapping
• Aggravated robbery
• First-degree arson involving an occupied structure
• First-degree assault
• Certain serious human-trafficking offenses
• Class 3 felony securities fraud
• Class 3 felony theft convictions

Sex Crimes and Offenses Involving Unlawful Sexual Behavior – A conviction cannot ordinarily be sealed when its underlying factual basis involved unlawful sexual behavior. This category includes many offenses that require sex-offender registration, as well as other sexual offenses, such as:

• Sexual assault
• Unlawful sexual contact
• Sexual assault on a child
• Sexual assault on a child by one in a position of trust
• Sexual assault on a client by a psychotherapist
• Invasion of privacy for sexual gratification
• Incest
• Aggravated incest
• Sexual exploitation of a child
• Enticement of a child
• Internet luring of a child
• Internet sexual exploitation of a child
• Human trafficking for sexual servitude
• Certain child-prostitution offenses

The restriction can apply even when the conviction is only a misdemeanor. Colorado’s sealing statute separately excludes convictions involving unlawful sexual behavior and convictions sentenced under the state’s sexual-offense provisions.

Child Abuse – A conviction for child abuse under C.R.S. § 18-6-401 is expressly excluded from ordinary conviction sealing. This can include both felony and misdemeanor child-abuse convictions involving injury, neglect, unreasonable placement in danger, malnourishment, cruel punishment, or failure to provide necessary care.

Domestic-Violence Convictions – A felony conviction cannot ordinarily be sealed when the underlying factual basis involved domestic violence. This restriction can apply even though domestic violence is a sentencing designation rather than a separate stand-alone offense. Examples may include:

• Assault designated as domestic violence
• Harassment designated as domestic violence
• Menacing involving an intimate partner
• Criminal mischief involving jointly owned property
• False imprisonment involving a spouse or dating partner
• Violation of a protection order
• Stalking involving an intimate partner

Since July 1, 2025, an otherwise ineligible misdemeanor or petty offense may still be considered for sealing if the district attorney agrees or the applicant satisfies the heightened statutory standard. That exception does not generally make an ineligible felony domestic-violence conviction sealable.

Crimes of Violence – A conviction sentenced as a statutory crime of violence generally cannot be sealed. This designation commonly applies when a qualifying felony involved a deadly weapon, caused serious bodily injury or death, or involved certain specifically listed offenses. Examples may include:

• First- or second-degree assault involving a deadly weapon or serious injury
• Aggravated robbery
• Kidnapping involving force or a deadly weapon
• Sexual assault involving force, threats, injury, or a weapon
• First-degree burglary involving assault or a deadly weapon
• Certain child-abuse offenses causing death or serious bodily injury

Extraordinary-Risk Crimes – Convictions sentenced as extraordinary-risk crimes are ordinarily excluded from sealing. Depending on the applicable version of Colorado law and the conviction date, examples may include:

• Aggravated robbery
• Child abuse
• Unlawful termination of pregnancy
• Stalking
• Sale or distribution of materials used to manufacture controlled substances
• Certain human-trafficking offenses
• Felony invasion of privacy for sexual gratification
• Certain forms of second-degree assault
• Certain sexual-exploitation offenses

Crimes Involving Extraordinary Aggravating Circumstances – A conviction cannot ordinarily be sealed if the defendant was sentenced under Colorado’s provisions for extraordinary aggravating circumstances. These circumstances can allow a court to impose a sentence above the ordinary presumptive range based on qualifying facts surrounding the crime or the defendant’s status.

Crimes Against Pregnant Victims – A conviction is generally ineligible when the defendant received enhanced sentencing under Colorado’s provisions concerning crimes committed against a pregnant victim. The exclusion depends on whether the special sentencing statute was actually applied.

Felony Victim Rights Act Offenses – Felony convictions for offenses covered by the Colorado Victim Rights Act generally cannot be sealed. Specific offenses within that law include many serious crimes, such as:

• Murder and manslaughter
• Criminally negligent homicide
• Vehicular homicide
• First- and second-degree assault
• Kidnapping
• Sexual assault and unlawful sexual contact
• Sexual assault on a child
• Robbery and aggravated robbery
• Incest and aggravated incest
• Child abuse
• Sexual exploitation of a child
• Stalking
• Human trafficking
• Crimes against at-risk adults or juveniles
• Certain bias-motivated crimes
• Retaliation against or intimidation of a witness or victim

Identity Theft – Identity theft under C.R.S. § 18-5-902(1) is specifically excluded from the ordinary conviction-sealing process. This generally includes knowingly using another person’s identifying or financial information without permission to obtain money, property, credit, services, government documents, or another thing of value.

Human-Trafficking Offenses – Several serious human-trafficking convictions are expressly excluded, including qualifying violations involving involuntary servitude or sexual servitude. The precise exclusion depends on the subsection of the human-trafficking statute under which the person was sentenced. Examples include:

• Trafficking an adult for involuntary servitude
• Trafficking a minor for involuntary servitude
• Trafficking an adult for sexual servitude
• Trafficking a minor for sexual servitude
• Selling or purchasing a person
• Receiving money or value from participation in certain trafficking offenses

Pimping – A conviction for pimping under C.R.S. § 18-7-203 is expressly excluded from ordinary sealing. Pimping generally involves knowingly living on or receiving money earned through another person’s prostitution. Separate and more serious charges may apply when a child is involved.

Certain Animal-Cruelty Felonies – A felony conviction under C.R.S. § 18-9-202 is excluded from ordinary sealing. This can include aggravated cruelty to animals and other felony-level violations of Colorado’s animal-cruelty statute.

Serious Drug Offenses – Level 1 drug felonies cannot ordinarily be sealed. Convictions sentenced under Colorado’s special-offender drug provisions are also excluded. These cases may involve circumstances such as:

• Large quantities of controlled substances
• Drug activity involving firearms or deadly weapons
• Distribution to minors
• Importing controlled substances into Colorado
• Operating as part of an organized drug enterprise
• Manufacturing or distributing drugs near protected locations

Certain older marijuana convictions are subject to narrow exceptions, so the date and statute of conviction matter.

DUI and DWAI Convictions – Convictions for driving under the influence or driving while ability impaired under C.R.S. § 42-4-1301 generally cannot be sealed. This includes misdemeanor and felony DUI or DWAI convictions. A dismissed DUI charge may be treated differently from a conviction.

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Frequently Asked Questions

What is the difference between record sealing and expungement?

Sealing restricts public access to a criminal record but does not physically destroy it. Courts, prosecutors, law enforcement, and certain authorized agencies may still access a sealed record. Expungement generally removes or destroys qualifying records and is primarily available for juvenile delinquency matters, underage drinking-and-driving records, and certain mistaken-identity arrests.

Does sealing a record erase the case completely?

No. A sealed record still exists within the criminal-justice system. It is ordinarily removed from public court searches and routine background checks, but it may remain available to courts, prosecutors, law-enforcement agencies, and other entities authorized by law.

Who can see a sealed criminal record?

Although the general public usually cannot access a sealed case, the record may remain available to criminal-justice agencies, courts, prosecutors, and certain government or licensing entities. A sealed conviction may also be considered if the person is later prosecuted for another offense.

Can employers see a sealed record?

A sealed case should generally no longer appear through ordinary public court searches or standard public background checks. However, certain employers, government agencies, licensing authorities, or positions requiring specialized criminal-history checks may still have access under applicable law.

Can I legally say that I have never been arrested or convicted after sealing?

In many ordinary employment and housing situations, Colorado law allows a person to state that the sealed case did not occur. Exceptions may apply when disclosure is required by another law or when the person is applying for certain government, law-enforcement, licensing, or regulated positions.

Can an arrest be sealed when no charges were filed?

Yes. Colorado has a specific process for sealing arrest records when prosecutors never filed charges. The Colorado Judicial Branch provides separate instructions and forms for these cases, including JDF 416 and JDF 417.

Can charges be sealed after they are dismissed?

Generally, yes. A case that ends with all charges dismissed may qualify for non-conviction sealing. The same process may apply when the defendant was acquitted or prosecutors declined to file charges. Colorado uses a simplified set of forms for many non-conviction cases.

Can a case be sealed after an acquittal?

Yes. A person found not guilty of every charge may generally seek sealing as a non-conviction case. Eligibility can become more complicated when the person was acquitted of some charges but convicted of another charge in the same case.

Can a deferred judgment be sealed?

A successfully completed deferred judgment may potentially be sealed after the charge is dismissed. The person must satisfy all conditions of the deferred judgment, and the exact offense must not be subject to a special restriction that prevents sealing.

Can charges dismissed through a plea agreement be sealed?

Not always. When charges were dismissed as part of a plea agreement resulting in a conviction on another count, the dismissed charges may remain connected to the conviction and may not qualify for immediate non-conviction sealing. The entire plea agreement and final disposition must be reviewed.

Can a conviction be sealed in Colorado?

Many Colorado convictions can be sealed after the applicable waiting period. Eligibility depends on the offense classification, the particular statute, completion of the sentence, payment of restitution, and whether the person received another conviction during the waiting period. Colorado provides separate forms for sealing county and district court convictions.

Can a felony conviction be sealed?

Some felony convictions may be sealed, particularly eligible class 4, class 5, and class 6 felonies. Class 1, class 2, and class 3 felony convictions are generally excluded from ordinary sealing. Other felonies may be ineligible because they involved unlawful sexual behavior, domestic violence, a crime-of-violence sentence, or another statutory exclusion.

Can misdemeanor convictions be sealed?

Many misdemeanor convictions can be sealed after the required waiting period. Certain misdemeanors remain excluded, but Colorado law may allow some otherwise ineligible misdemeanor or petty-offense convictions to be considered when the district attorney agrees or the applicant satisfies a heightened legal standard.

Can DUI or DWAI convictions be sealed?

Colorado DUI and DWAI convictions generally cannot be sealed through the ordinary conviction-sealing process. A DUI or DWAI case that was dismissed or resulted in an acquittal may be treated differently under the rules governing non-conviction records.

Can domestic violence convictions be sealed?

Some misdemeanor domestic-violence convictions may potentially qualify under limited circumstances, but felony convictions based on domestic violence are generally excluded. Because domestic violence is usually a designation attached to another offense, the underlying conviction and factual basis must be examined.

Can sex-crime convictions be sealed?

Most convictions involving unlawful sexual behavior cannot be sealed. This commonly includes sexual assault, sexual assault on a child, unlawful sexual contact, incest, sexual exploitation of a child, and other offenses that may require sex-offender registration. A sex-crime case dismissed without a conviction may still potentially qualify for non-conviction sealing.

Can child-abuse convictions be sealed?

Colorado generally excludes child-abuse convictions from ordinary conviction sealing. A dismissed child-abuse charge or a case resulting in acquittal may be eligible under the non-conviction process, depending on how the entire case was resolved.

Can identity-theft convictions be sealed?

Identity theft is among the offenses specifically excluded from Colorado’s ordinary conviction-sealing process. Related charges such as theft, forgery, or criminal impersonation may have different eligibility rules depending on their classification and factual basis.

What are the waiting periods for sealing a conviction?

The waiting period depends on the classification of the conviction and generally begins after the later of the final disposition of the case or the person’s release from supervision. Eligible petty offenses commonly require one year, lower-level misdemeanors generally require two years, and eligible class 1 misdemeanors and class 4, 5, or 6 felonies generally require three years. Other eligible offenses may require five years. The exact statute and conviction date should be reviewed before filing.

Does the waiting period begin on the date of conviction?

Not necessarily. For many convictions, the period begins after the later of the final disposition or the person’s release from probation, parole, or other supervision. Completing incarceration alone may therefore not start the waiting period if supervision continues afterward.

Can a record be sealed while another criminal case is pending?

A pending case can prevent or delay sealing. The court will consider the applicant’s subsequent criminal history, and many conviction-sealing provisions require the person to remain free of additional convictions during the waiting period.

What happens if I receive another conviction during the waiting period?

A later conviction may restart the applicable period, make the earlier case ineligible under the ordinary process, or require the person to use the procedure for sealing multiple convictions. The effect depends on the number, classification, and dates of the convictions.

Does Colorado automatically seal some records?

Yes. Colorado has automatic-sealing procedures for certain eligible cases and convictions after statutory waiting periods. Automatic sealing may take longer than filing a petition directly, and a prosecutor may object if the case is legally ineligible or another statutory basis for objection exists.

How do I begin the record-sealing process?

The first step is identifying the type of record involved: an arrest with no charges, a non-conviction, a county or district court conviction, a municipal conviction, or multiple convictions. The appropriate Judicial Branch instructions and forms must then be filed with the correct court.

What does the court consider at a sealing hearing?

The court may consider the seriousness of the offense, time since the conviction, rehabilitation, criminal history, victim impact, payment of restitution, public-safety concerns, and the harm caused by continuing public access. The court may balance the applicant’s privacy and need for relief against the public interest in keeping the record available.

How long does the sealing process take in Colorado?

The time varies by court, case type, whether a hearing is required, and whether the district attorney objects. Even after the judge issues an order, courts and criminal-justice agencies may need additional time to update their databases.

Do private background-check companies receive the sealing order?

The court distributes an order to the agencies identified in the case, but private databases may not update immediately. A person may need to dispute outdated information with a private background-check company after the official record has been sealed.

What records can be expunged in Colorado?

Expungement is primarily used for qualifying juvenile delinquency records. Colorado also provides distinct procedures for underage drinking-and-driving records and certain law-enforcement contacts or arrests involving mistaken identity. The Judicial Branch maintains separate forms for each category.

Can every juvenile record be expunged?

No. Eligibility depends on the disposition, the juvenile’s later criminal history, completion of the sentence, and the type of offense. Serious adjudications, including certain homicide, felony sex-offense, aggravated juvenile-offender, and violent sex-offender matters, may be excluded.

When can a juvenile record be expunged?

Some juvenile records may be expunged without a waiting period when the juvenile was found not guilty, the petition was dismissed, no petition was filed, or an eligible diversion, deferred adjudication, or informal adjustment was successfully completed. Other records require a waiting period after probation, parole, commitment, or release. Colorado provides JDF 301 as the official juvenile-expungement guide.

Is juvenile expungement automatic?

Some qualifying juvenile records may be handled through statutory automatic processes, but others require a petition. A person should not assume that every eligible record has already been removed without checking the court record.

Can federal criminal records be sealed by a Colorado court?

No. Colorado courts generally cannot seal or expunge federal convictions or federal arrest records. Federal law provides very limited relief for adult federal criminal records, even when the case was prosecuted in Colorado.

Can a conviction be sealed when the conduct is no longer illegal?

Colorado has a specialized procedure for convictions based on conduct that is no longer unlawful. The Judicial Branch provides separate forms for requesting relief in these circumstances.

Does sealing restore firearm rights?

Not necessarily. Record sealing and restoration of firearm rights are separate legal issues. A sealed conviction may still affect firearm possession when state or federal law independently prohibits the person from possessing firearms.

Does sealing remove sex-offender registration requirements?

No. Record sealing and discontinuation of sex-offender registration are separate proceedings. A person must continue registering unless a court separately terminates the obligation or the duty ends under the applicable registration statute.

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Additional Resources

Sealing of Arrest & Criminal Records | Colorado Judicial Branch – Visit the official website for the Colorado Judicial Branch to learn about how you can seal your record. Access the site to find instructions, necessary forms, who to contact, and where you can find support.

Colorado Laws on Record Sealing | CRS – Visit the official website for the Colorado Revised Statutes to read up on their laws for record sealing. Access the site to learn the definitions, process, whose exempt from record sealing, and other valuable information.

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Expungement & Record Sealing Denver Attorney, CO

When applying for expungement or sealing, it is the job of an attorney to prepare what is called a “petition” to the court. Your lawyer is required to explain why they think that you are eligible for the concealment of your offenses and the reasons that you would like the change. A hearing will then be held, based upon your petition.

Face it: having a criminal record can affect many areas of your life:

• Getting a job
• Being accepted to college
• Renting a home
• Getting a loan
• Obtaining a license or insurance
• Owning a gun
• Adopting a child
• Being accepted for volunteer work

Avoid the obstacles you may encounter in the future by applying for a record seal or expungement with Denvers Defense Attorney. Matthew Martin has the experience and skill you need to seek a fresh start and put the past behind you. Call 303.725.0017 to set up your first consultation free.

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