Who can see a sealed record in Colorado?

Posted on March 24, 2023

Even though sealed Colorado criminal records do not show up on standard background checks, sealed records might still appear if an employer runs an FBI background check.

FBI background checks (where you give fingerprints) 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, especially if your past conviction was long ago and is not related to the job you are applying for.¹

Why can sealed records still show up in FBI background checks?

The FBI is a federal agency and is under no obligation to comply with a Colorado court’s “order to seal.” In many cases, the FBI will as a courtesy seal your record from its National Crime Information Center (NCIC) database – but it does not have to.²

Do sealed records show up if I try to buy a gun in Colorado?

Possibly. When you try to purchase a gun in Colorado, the seller will request a background check through Colorado’s Firearms InstaCheck Unit. This Unit draws on FBI data, so it could turn up your entire criminal history whether or not it has been sealed.³

What happens if I get my record sealed, and then I get prosecuted for another crime?

If you have been arrested or are under investigation for a crime, the prosecutor can access your record for the purpose of establishing whether your actions meet the elements of the new alleged crime.⁴

Example: Mike got a record seal for a past conviction for possessing a wiretapping device in violation of CRS 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.

Can crime victims get criminal records unsealed?

In some cases, yes. For instance, police and prosecutors may give a crime victim sealed copies of police reports and restraining orders if the victim can demonstrate a lawful need for them – such as to use as evidence in a civil lawsuit against the defendant.⁵

Can licensing agencies see sealed records?

It depends on the specific agency. For instance, the Colorado State Bar may be able to access sealed records when determining an applicant’s “character and fitness.”⁶

It is usually in an applicant’s best interest to be honest on a professional license application and reveal any sealed records. Though you should consult with an experienced labor law attorney for guidance in your particular industry.

Can anyone see expunged juvenile delinquency records?

Although expunged juvenile records in Colorado do not show up on standard background checks, they are still visible to:

• local law enforcement
• the district attorney
• the Department of Human Services
• the Colorado Judicial Department
• the victim (if any)

However, the U.S. military may not access expunged juvenile records.⁷

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