Can A Criminal Record Be Sealed In Colorado? Complete Guide To Record Sealing

Having a criminal record can create lasting barriers to employment, housing, and other opportunities. Understanding Colorado's record sealing laws helps people with criminal histories explore options for moving forward with a clean slate.

Colorado Record Sealing Overview

When a criminal record is sealed, it is hidden from public view. Most background checks conducted by employers, landlords, and educational institutions will not reveal sealed records. However, sealed records may still be accessible to law enforcement agencies and certain government entities.

Who Is Eligible for Record Sealing?

Colorado has expanded record sealing eligibility in recent years. You may be eligible if your case resulted in:

• Acquittal or dismissal - Cases that did not result in a conviction
• Completed diversion program - Successful completion of a diversion or deferred judgment program
• Petty offenses and municipal violations - Minor offenses after the required waiting period
• Drug offenses - Certain drug-related convictions may be sealed under specific conditions
• Misdemeanor convictions - Many misdemeanors can be sealed after waiting periods
• Some felony convictions - Certain non-violent felonies may be eligible for sealing

Waiting Periods

Colorado law requires waiting periods before you can petition to seal your record:

• Petty offenses: 1 year after final disposition
• Class 2 and 3 misdemeanors: 2 years after final disposition
• Class 1 misdemeanors: 3 years after final disposition
• Class 4, 5, and 6 felonies: 3 years after final disposition
• Drug felonies: Varies based on class and circumstances

Offenses That Cannot Be Sealed

Certain serious offenses are not eligible for record sealing in Colorado, including:

• Class 1, 2, and 3 felonies
• Sex offenses requiring registration
• Crimes involving domestic violence
• Child abuse offenses
• DUI and DWAI convictions
• Traffic offenses

The Sealing Process

The record sealing process involves several steps:

1. Obtain your criminal history records
2. Determine eligibility for each conviction
3. File a petition with the appropriate court
4. Pay the required filing fee (fee waivers may be available)
5. Attend a hearing if required by the court
6. If granted, ensure all agencies update their records

Benefits of Sealing Your Record

Sealing your criminal record can significantly improve your quality of life:

• Employment: Most employers cannot see sealed records during background checks
• Housing: Landlords typically cannot access sealed records
• Education: Apply for educational opportunities without disclosing sealed offenses
• Professional licensing: Some licensing boards cannot consider sealed records
• Peace of mind: Move forward without the burden of past mistakes

Why Work With an Attorney?

While it is possible to petition for record sealing on your own, working with an experienced attorney can increase your chances of success. An attorney can properly evaluate your eligibility, ensure all paperwork is correctly filed, and represent you at any required hearings.