What’s the difference between “sealing” and “expunging” criminal records in Colorado?

Posted on March 16, 2022

Sealing criminal records in Colorado make them invisible so they do not appear on future background checks. But prosecutors and police can still access sealed records. In contrast, expunging is physically destroying criminal records. But the only cases that can be expunged in Colorado are underage DUI, underage alcohol or marijuana possession, and juvenile offenses.

How soon can criminal records get sealed in Colorado?

Defendants can petition the court to seal dismissed criminal charges right away in Colorado. But if the defendant gets convicted – and the crime is sealable – then there is a waiting period of one to five years depending on the case:

Colorado conviction	Waiting period to petition for record seal
Petty offenses and petty drug offenses	1 year after the case ends
Class 2 misdemeanors and class 3 misdemeanors	2 years after the case ends
Drug misdemeanors	2 years after the case ends
Class 4 felonies, class 5 felonies, and class 6 felonies	3 years after the case ends
Level 3 drug felonies and level 4 drug felonies	3 years after the case ends
Class 1 misdemeanors	3 years after the case ends
Level 2 drug felonies	5 years after the case ends
Most municipal and misdemeanor crimes by victims of human trafficking	No wait

Note that convictions for the following crimes can never be sealed in Colorado. They remain on the defendant’s record forever:

• Class 1 felonies
• Class 2 felonies
• Class 3 felonies
• Level 1 drug felonies
• Sex crimes
• DUIs
• Domestic violence convictions (which includes domestic violence harassment)
• Class 1 misdemeanor traffic offenses
• Class 2 misdemeanor traffic offenses
• Class A traffic infractions
• Class B traffic infractions
• Crimes involving a commercial driver’s license⁵

In order to seal conviction records, the defendant must file a JDF 612 form with the Colorado court that heard the case. And to seal arrest records (where there was no conviction), the defendant must file a JDF 417 form with the Colorado court.

Note that as of March 1, 2022, no crimes are prosecuted as class 3 misdemeanors. SB21-271.

How soon can UDD convictions be expunged in Colorado?

Colorado defendants convicted of underage drinking and driving (UDD) with a blood alcohol content of 0.02% to 0.05% can petition for a record expungement upon turning 21. Dismissed cases can be expunged right away.

In order to expunge UDD records, the defendant must file a JDF 305 form with the court that heard the case.

How soon can convictions of underage possession of alcohol or marijuana be expunged in Colorado?

Defendants convicted of underage possession or consumption of alcohol or marijuana can petition for a record expungement one year after the case ends. Dismissed cases can be expunged immediately.

In order to expunge underage alcohol or marijuana possession records, the defendant must file a JDF 313(b) form with the court that heard the case.

How soon can juvenile records be expunged in Colorado?

There is no wait to expunge dismissals or acquittals. But the wait to petition to expunge juvenile delinquencies is one year, three years, or five years, depending on the case. And the following cases can never be expunged:

• A felony offense involving unlawful sexual behavior;
• A homicide or related offense; or
• A traffic offense / infraction

Furthermore, people adjudicated as aggravated or violent juvenile offenders are ineligible for expungements.

Expunging juvenile records requires filing a JDF 302 form with the court that heard the case. Learn more about expunging juvenile records in Colorado.