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

Q: Is sealing different from expungement in Colorado?

Yes. Record sealing makes your criminal record invisible so it should no longer appear on background checks. However, prosecutors and police still have access to your records. In contrast, expunging is the physical destruction of your criminal records. In practice however, expungement and sealing both serve the same purpose: To keep future employers, landlords, and most other people from seeing your past brushes with the law when they run your criminal history report. In Colorado criminal court, domestic violence-related arrests and dismissals can never be expunged, only sealed. The only domestic violence-related cases that may be expunged in Colorado are juvenile offenses.

Posted on June 22, 2023

Sealing and expunging domestic violence convictions in Colorado -- 3 Things to Know

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Colorado convictions for domestic violence-related criminal charges can never be sealed or expunged from your record. It does not matter whether the conviction was for a felony or misdemeanor, or whether you were adjudged guilty through a trial or a plea agreement.

However, domestic violence cases that get dismissed are automatically sealed from your record without you having to file a written motion.¹

How do I seal my domestic violence case in Colorado?

As long as you are eligible for a record seal, the sealing process should be automatic.

If you are arrested for domestic violence in Colorado – and charges are not filed within one year of the arrest – the Colorado Bureau of Investigation (CBI) should automatically seal your record within 60 days.

If you are charged with a domestic violence-related offense in Colorado – and the court eventually dismisses the charge – the court should order that your record be sealed immediately.

Remember that if you are convicted of a domestic violence-related offense, this matter is unsealable no matter how much time has passed.²

What if my criminal record still shows my domestic violence case?

Sometimes courts make mistakes, or the CBI is behind on sealing eligible records. In these cases, you can file a petition with the court to seal your records by taking the following steps:

Obtain a copy of your criminal records from the police department.
Obtain a current and verified copy of your criminal history from the Colorado Bureau of Investigations (CBI).
Complete the applicable form (either JDF 417 Form – Petition to Seal Arrest & Criminal Records or JDF 477 – Motion to Seal Non-Conviction Records).
File the petition with the appropriate court (which is usually the court where the case was heard).
Wait for the court’s decision to grant or deny the petition or to schedule a hearing on the matter. This may take days or weeks.
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.

Is sealing different from expungement in Colorado?

Yes. Record sealing makes your criminal record invisible so it should no longer appear on background checks. However, prosecutors and police still have access to your records.

In contrast, expunging is the physical destruction of your criminal records. In practice however, expungement and sealing both serve the same purpose: To keep future employers, landlords, and most other people from seeing your past brushes with the law when they run your criminal history report.

In Colorado criminal court, domestic violence-related arrests and dismissals can never be expunged, only sealed. The only domestic violence-related cases that may be expunged in Colorado are juvenile offenses.³

Can I expunge my juvenile domestic violence convictions?

If you were adjudged delinquent of a domestic violence-related offense in Colorado, you may be eligible for a juvenile record expungement unless:

You were adjudicated as an aggravated juvenile offender or violent juvenile offender; or
You were convicted of a felony offense involving unlawful sexual behavior; or
You 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
You won an acquittal at trial; The charge was dismissed by the district attorney; or You completed: A juvenile diversion program, A deferred adjudication (deferred judgment), or An informal adjustment.	No wait.
Your contact with law enforcement did not result in referral to another agency; or You completed probation, and the court’s jurisdiction terminates.	One year after the case ends.
You win unconditional release from a commitment to the Department of Human Services; or You get unconditional release from parole supervision.	Three years after the case ends.
You were adjudicated as a repeat or mandatory juvenile offender, and the court’s jurisdiction terminates.	Five years after the case ends.⁴

What happens if I have a domestic violence case on my record?

If your background check shows a domestic violence incident, it can have negative effects on all aspects of your life. These include:

Potential employers may pass you over for a job, or your current employer may choose to fire you.
You may be ineligible for certain professional licenses, or you may lose your current one.
Landlords may reject your rental application, or home loan lenders may deny you a mortgage.
Colleges and universities may reject your application for admission, loans, and/or campus housing.
The general public may shun you due to the social stigma of having a domestic violence case.

Having a domestic violence-related conviction also strips you of your constitutional right to bear arms. This is true not only in felony cases but also in many misdemeanor cases.⁵

This is why it is so important to hire an experienced Colorado criminal defense attorney to fight to get your domestic violence-related charges dismissed. That is the only way to keep your record clear.

Clipboard that says "criminal record" next to a gavel

Domestic violence-related convictions remain on your record forever.

Legal References

CRS 24-72-703 – 709. See also People v. Wright (Colo. App. 1979) 598 P.2d 157.
CRS 24-72-703. Senate Bill 22-099.
CRS 19-1-306. CRS 42-4-1715. CRS 42-2-121. See also C.B. v. People, (Colo. App. 2005) 122 P.3d 1065.
CRS § 19-1-306. CRS 13-10-115.5.
§ 921. CRS 13-14-105.5.

About the Author

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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