How can I get an expungement of a domestic violence conviction in Colorado?

Posted on October 8, 2020

Colorado domestic violence-related criminal convictions can never be sealed or expunged from the defendant’s record. The conviction remains on the record forever, no matter whether the case was a felony or misdemeanor, or whether the defendant was adjudged guilty through a trial or a plea agreement. But if the criminal charge gets dismissed, defendants can petition to get their arrest records sealed right away.

1. How is sealing different from expungement in Colorado?

Record sealing makes a person’s criminal record invisible, and it should no longer appear on background checks. However, prosecutors and police still have access to these records.

Expunging is a physical destruction of criminal records. The only convictions that may be expunged under Colorado law are juvenile offenses and underage drinking and driving (UDD) convictions. (Scroll down to question 4 about how to expunge juvenile domestic violence convictions.)

2. If my charge gets dismissed, is my criminal record clear?

No, not under Colorado Revised Statutes 24-72 C.R.S. Even when criminal proceedings get dismissed, the arrest records from the criminal case remain on the person’s record. Just having been arrested can look bad to potential employers and landlords, even if there are no conviction records. Therefore, anyone who has arrest records is encouraged to petition for a record seal right away.

3. How do I seal my domestic violence arrest records?

If the domestic violence offense gets dismissed, defendants can go through the following steps to petition for a Colorado criminal record seal:

1. Obtain a copy of your criminal records from the police department.
2. Obtain a current and verified copy of your criminal history from the Colorado Bureau of Investigations (CBI).
3. Complete the JDF 417 Form (Petition to Seal Arrest & Criminal Records).
4. File the petition with the appropriate court (which is usually the court where the case was heard).
5. Wait for the court’s decision to grants or deny the petition or to schedule a hearing on the matter. This may take days or weeks.
6. If the court issues an order to seal, mail a copy to all the agencies (such as the police and the CBI) that have copies of your arrest records. Agencies usually comply with an order to seal within the month.

Currently, the filing fee to seal arrest records in Colorado is $224.

4. Can I expunge my juvenile domestic violence convictions?

People adjudged delinquent of a domestic violence-related offense in Colorado may be eligible for an expungement unless:

• They were adjudicated as an aggravated juvenile offender or violent juvenile offender; or
• They were convicted of a felony offense involving unlawful sexual behavior; or
• They currently have any criminal or juvenile actions pending

The waiting period to get a juvi domestic violence case expunged depends on how the case resolved:

Final disposition of a juvenile domestic violence case in Colorado	Waiting period to get an expungement
The defendant won an acquittal at trial; The charge was dismissed by the district attorney; or The defendant completed: A juvenile diversion program, A deferred adjudication (deferred judgment), or An informal adjustment.	No wait.
The defendant’s contact with law enforcement did not result in referral to another agency; or The defendant completed probation, and the court’s jurisdiction terminates.	One year after the case ends.
The defendant wins unconditional release from a commitment to the Department of Human Services; or The defendant gets unconditional release from parole supervision.	Three years after the case ends.
The defendant was adjudicated as a repeat or mandatory juvenile offender, and court’s jurisdiction terminates.	Five years after the case ends.

5. What other convictions are unsealable in Colorado?

In addition to domestic violence-related convictions, convictions for the following crimes may not be sealed in Colorado:

• Class 1, 2, and 3 felonies
• Level 1 drug felonies
• Sex crimes
• DUIs
• Class 1 and 2 misdemeanor traffic offenses
• Class A and B traffic infractions

Call our law firm for legal advice. Our criminal defense attorneys offer free consultations.

Our law office is based in Denver, but we have attorney-client relationships throughout the state, including Colorado Springs. Our criminal defense lawyers will fight to seal your records.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.