If your Colorado criminal record is sealed, that means it is not visible to the general public. However, it may be accessed by:
- you,
- law enforcement agencies,
- anyone who gets a court order to see your record (such as the “victim” in your case), or
- anyone who runs an FBI background check on you (such as an employer or gun dealer).
Below I discuss what you need to know about who can see your sealed records and under what circumstances.
FBI Background Checks
Even though sealed records do not show up on standard background checks, they might still appear if an employer runs an FBI background check (where you give fingerprints).
The FBI is a federal agency and is under no obligation to follow a Colorado court’s “order to seal.” The FBI may as a courtesy seal your record from its National Crime Information Center (NCIC) database – but it does not have to.2
FBI background checks are typically required to apply for jobs at:
- federal government agencies,
- some state and local government agencies,
- the military,
- schools and childcare providers,
- banks, and
- the police department.
However, having a criminal record is not necessarily a bar to working at these institutions. This is especially true if your past conviction was long ago and is not related to the job you are applying for.1
When You Buy Guns
It is possible that sealed records will show up if you try to buy a gun in Colorado because the seller will request a background check through Colorado’s Firearms InstaCheck Unit. This Unit draws on FBI data, so it could reveal your whole criminal history, whether or not it has been sealed.2
If You Get Arrested Again
Colorado prosecutors can access your record if you have been arrested or are even under investigation for a crime. The reason is to see whether your past conviction triggers harsher penalties for the current charge.3
Example: Mike got a record seal for a past conviction for possessing a wiretapping device in violation of C.R.S. 18-9-302. Then Mike gets arrested again for the same offense.
In Colorado, a second-time offense for possession of a wiretapping device carries stiffer penalties than a first-time offense. So the prosecutor asks that the judge unseal Mike’s past record so that he can be prosecuted as a second-time offender.
Sealed records can be found on firearm purchase background checks in Colorado.
What Crime Victims Can See
The alleged victim in your Colorado criminal case may be able to see your sealed records.
For instance, police and prosecutors may give a crime victim sealed copies of police reports and restraining orders if the victim has a lawful need for them. An example is to use the records as evidence in a civil lawsuit against you.4
What Licensing Agencies Can See
Whether licensing agencies can access your Colorado sealed records depends on the agency. For instance, the Colorado State Bar may be able to access sealed records when considering an applicant’s “character and fitness.”5
It is usually in your best interest to be honest on a professional license application and reveal any sealed records. You should also consult with an experienced labor law attorney for guidance in your particular industry.
Expunged Juvenile Records
Your expunged juvenile records in Colorado do not show up on standard background checks. However, they are still visible to:
- local law enforcement
- the district attorney
- the Department of Human Services
- the Colorado Judicial Department
- the victim (if any).
Colorado law also bars expunged juvenile records from being accessed by the U.S. military. That being said, if you try to enlist, you must disclose all sealed and expunged records.6
In some states, even sealed/expunged records may live forever in online newspaper archives.
Additional Resources
For more information, refer to these official state websites:
- How to Seal Criminal Conviction Records – Colorado Judicial Branch.
- Sealing Your Record: What You Need To Know – Colorado State Public Defender.
- Increased Eligibility For Criminal Record Sealing – Colorado General Assembly.
- Sealing of Criminal Records – Colorado Judicial Committee.
- Court Order Sealing of Arrests – Colorado Bureau of Investigation.
Legal References
- See also 34 U.S.C. § 40316. USAjobs.gov – What are background checks and security clearances?
- C.R.S. 24-33.5-424.
- Senate Bill 22-099. See also R.J.Z. v. People ( 2014) ; E.J.R. v. District Court (1995) ; See also People v. Prendergast (Colo.App. 2024) 564 P.3d 1084.
- C.R.S. 24-72-703.
- Melissa Petrucelli, The Truth, the Whole Truth, and … What you need to do to ensure full disclosure on your bar application, Colorado Supreme Court, Office of Attorney Regulatory Counsel (Winter 2015).
- C.R.S. 19-1-306.
