Getting Criminal Records “Sealed” in Colorado – 3 Steps

If you were arrested, charged, and/or convicted in Colorado, you can petition for a record seal with the district-, county, or municipal court where the criminal case occurred. Colorado Revised Statute (C.R.S.) 24-72-703 spells out the eligibility requirements for record sealing.

If your criminal case gets dismissed or acquitted, you can ask the judge to seal your records or else file a JDF 477 form (Petition to Seal Non-Convictions). And if you were convicted, you can file a JDF 612 form (Petition to Seal Criminal Convictions). The Colorado court filing fee is $65.

Once a criminal record is sealed, it generally no longer shows up on background checks. Record seals can greatly improve your prospects for

• jobs,
• housing and
• other benefits.

The record sealing process in Colorado typically involves a 3-step process:

1. obtaining copies of past police reports,
2. filing a petition with the court, and
3. paying a filing fee.

Not everyone is eligible for record seals. If the court grants a record seal, you can legally deny ever having been arrested or convicted of a crime (with rare exceptions).

Below our Colorado criminal defense attorneys discuss the laws, processes, times frames, and fees for sealing arrest and conviction records in Colorado.

• 1. What is a record seal in Colorado?
  • 1.1. Sealing versus expungement
• 2. What is the advantage of getting a criminal record sealed?
• 3. What criminal records can be sealed in Colorado?
  • 3.1. Arrest records with no convictions
  • 3.2. Conviction records
  • 3.3. Juvenile and underage convictions
• 4. Can you seal a felony record in Colorado?
• 5. When can I get my criminal record sealed in Colorado?
• 6. If I get a record seal, can I say no if someone asks me if I have a criminal record?
• 7. How much does it cost to get a record seal in Colorado?
• 8. If I am eligible for a record seal, will a judge definitely seal it?
• 9. How do I get my criminal record sealed in Colorado?
• 10. How long does it take to get criminal records sealed?
• 11. What if my petition to seal is denied?
• 12. Are criminal records sealed automatically?

Read our related article on collateral relief in Colorado.

1. What is a record seal in Colorado?

Whenever you are arrested or convicted in Colorado, it goes on your “criminal record.” These records are typically accessible to the public through an internet background check.

Like it sounds, a record seal “seals” your Colorado records so that they no longer come up in background checks. In essence, sealing makes a criminal record invisible.¹

1.1. Sealing versus expungement

Sealing makes your criminal record invisible. The records are made unavailable but law enforcement and prosecution entities still have access.

Expunging is actually the destruction of criminal records. As explained below, Colorado permits expungement for only juvenile offenses and underage drinking and driving convictions.²

2. What is the advantage of getting a criminal record sealed?

Many employers will not consider you for a job if you have a criminal record. Therefore, having a record seal vastly improves your job prospects. Having a criminal record may also be socially stigmatizing, so a seal puts you on a more equal footing with others.

3. What criminal records can be sealed in Colorado?

Whether you are qualified for a record seal in Colorado depends on the following factors:

• the type of criminal offense,
• whether you were ultimately convicted,
• your age, and/or
• when the case was dismissed or closed

Note that a criminal case is considered “closed” once there has been a final disposition and you completed all the sentencing terms.

Continue scrolling down to learn the various types of cases that may be sealed in Colorado.^{3 4}

3.1. Arrest records with no convictions

An arrest is just the beginning of a criminal case, and many arrests never result in a conviction. You may be eligible to have your arrest records sealed right away in any of the following situations:

• You were arrested but not ultimately charged with a crime;
• Your case was eventually dismissed (which means there was no conviction); and/or
• You were acquitted (found “not guilty”) of the charge(s).

Note that you might be ineligible for a record seal if the charge was dropped only because you took a plea bargain in a separate case.

When you plead guilty to most offenses as part of a straight deferred judgment, you are eligible for a record seal once you have successfully completed it and the case gets dismissed.

3.1.1. Arrest records when no criminal charges have been filed

For arrests on or after January 1, 2022, the Colorado Bureau of Investigation (CBI) will automatically seal your arrest record when no criminal charges have been filed within one year of the arrest. The CBI must do this within 60 days after the year has passed since the arrest date.

For arrests after January 1, 2019 but before January 2, 2022, the CBI will automatically seal an arrest record if no criminal charges have been filed within:

• 3 years after the arrest for a felony offense for which the statute of limitations is 3 years (if the statute of limitations is longer, it is not eligible for automatic sealing); or
• 18 months after the arrest for a misdemeanor offense, misdemeanor traffic offense, petty offense, or municipal ordinance violation for which the statute of limitations is 18 months or less

For arrest records with no conviction from 2013 to 2018, the CBI will automatically seal the records by January 1, 2023.

For arrest records with no conviction from 2008 to 2012, the CBI will automatically seal the records by January 1, 2024.

For arrest records with no conviction from 2003 to 2007, the CBI will automatically seal the records by January 1, 2025.

For arrest records with no conviction from 1997 to 2002, the CBI will automatically seal the records by January 1, 2026.

For other arrest records with no conviction, the CBI with automatically seal the records by January 1, 2027.

Note that the CBI will only automatically seal records within its custody and control.

3.2. Convictions

Convictions are potentially sealable unless they are:

• Class 1 felonies
• Class 2 felonies
• Class 3 felonies
• Level 1 drug felonies
• Sex crimes
• DUIs
• Domestic violence convictions (including 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

As discussed in section 5, there is a waiting period to seal criminal convictions. Note there is no waiting period to seal charges that have been dismissed.

Note that convictions which have been pardoned are potentially sealable under CRS 24-72-710. The court should seal pardoned convictions unless it finds by clear and convincing evidence that the public interest in retaining public access to the conviction records outweighs the:

• harm to your privacy,
• dangers of unwarranted, adverse consequences to you, and
• intent of the full and unconditional pardon.

3.3. Juvenile and Underage records

In Colorado, “juvenile” means under 18 years old, and “underage” means under 21 years old. If you committed certain crimes while juvenile or underage, you may be eligible to expunge or seal your records:

3.3.1. Underage DUI

A conviction for underage drinking and driving (UDD) where the blood alcohol level was at least .02 but no more than .05 may be expunged if the following are true:

1. You are over 21;
2. You have not had a second UDD conviction; and
3. The case has closed; and
4. You have never held a commercial driver’s license and were not operating a commercial motor vehicle.

Note that the records in this case would be totally expunged.⁶

3.3.2. Underage alcohol convictions prior to July 1, 2014

Convictions for possessing or consuming alcohol while under 21 may sealable if:

1. At least one (1) year has passed since the date of final disposition of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later; and
2. You have not been arrested for another conviction for possessing or consuming alcohol.

Note that this rule applies to convictions prior to July 1, 2014.⁷

3.3.3. Underage alcohol or marijuana convictions from July 1, 2014 on

Convictions for possessing or consuming alcohol, marijuana, or marijuana paraphernalia while under 21 may be sealable if:

1. At least (1) one year has passed since the date of final disposition of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later; and
2. You have obtained a verified copy of your criminal history that is current as of at least 20 days prior to the date of the filing of the petition to seal.

Note that this rule applies to convictions on July 1, 2014 and after.⁸

3.3.4. Juvenile records

You can usually expunge your juvenile offense records if the following three conditions are true.

1. You have not since been adjudicated as a juvenile delinquent for, or convicted of, any felony or misdemeanor offense involving domestic violence, unlawful sexual behavior, or possession of a weapon; and
2. There are no felony, misdemeanor, or delinquency actions pending or being instituted against you; and
3. You have paid all court-ordered restitution or is currently on a restitution repayment agreement with the court collections investigator.

Also note that you have to request a court hearing in order to get an expungement.⁹

4. Can you seal a felony record in Colorado?

The only felony convictions that can be sealed in Colorado are

• class 4 felonies,
• class 5 felonies, and
• class 6 felonies, as well as
• level 2 drug felonies,
• level 3 drug felonies, and
• level 4 drug felonies.

The waiting period to petition for a felony record seal is three years after the case ends, except for level 2 drug felonies which have a five-year wait. The process to seal felony convictions requires submitting a completed JDF 612 form to the Colorado court which heard the case.

Unsealable Colorado felony convictions include

• sex crimes,
• DUIs,
• domestic violence,
• level 1 drug felonies, and
• class 1-,
• class 2-, and
• class 3 felonies.

However, any felony charge that gets dismissed can be sealed immediately. To seal felony arrest records, you would need to submit a completed JDF 477 form to the applicable Colorado court.

Learn more in our article, Can you seal a felony record in Colorado? 

5. When can I get my criminal record sealed in Colorado?

It depends on the case. Assuming all other requirements are met, the waiting periods for petitioning for a record seal or expungement are the following:

Colorado conviction	Waiting period to petition for record seal in Colorado
Arrest records that do not result in a conviction	Immediately
Petty offense or petty drug offense	One (1) year after the case ends
Multiple eligible petty offenses and/or petty drug offenses	Two (2) years after the last case ends
Class 2 misdemeanor or class 3 misdemeanor	Two (2) years after the case ends
Drug misdemeanor	Two (2) years after the case ends
Class 4 felony, class 5 felony, or class 6 felony	Three (3) years after the case ends
Level 3 drug felony or level 4 drug felony	Three (3) years after the case ends
Class 1 misdemeanor	Three (3) years after the case ends
Multiple eligible misdemeanors, misdemeanor drug offenses, and/or level 4 drug felonies	Five (5) years after the last case ends
Level 2 drug felony or any other eligible offense	Five (5) years after the case ends
Multiple eligible felonies and/or drug felonies	Ten (10) years after the last case ends
Most municipal and misdemeanor crimes by victims of human trafficking	Immediately
Underage possession/ consumption of alcohol convictions that occurred prior to July 1, 2014	One (1) year after the date of the final disposition of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later
Underage possession/ consumption of alcohol or marijuana convictions that occurred on July 1, 2014 or later	One (1) year after conviction
Underage DUI convictions (UDD) with a BAL of .02 to .05.	Immediately after age 21
Juvenile records	Up to five (5) years, depending on the circumstances. Dismissals and acquittals can be sealed immediately.

Note that there is a limit for sealing multiple convictions. The maximum amount depends on the convictions’ crime category:

• For eligible petty offenses and petty drug offenses, you can file a petition to seal only if you have five or fewer convictions in separate criminal cases.
• For eligible class 2- or class 3 misdemeanors and level 1- or level 2 misdemeanor drug offenses, you can file a petition to seal only if you have four or fewer convictions in separate criminal cases.
• For eligible class 1 misdemeanors, class 4-, class 5-, and class 6 felonies, and drug felonies, you can file a petition to seal only if you have three or fewer convictions in separate criminal cases.

Also note that normally unsealable misdemeanors can be sealed if the court finds by clear and convincing evidence that:

• Your need for the sealing is “significant and substantial”;
• You are no longer a threat to public safety; and
• Public disclosure of the record is no longer necessary to inform the public.

6. If I get a record seal, can I say no if someone asks me if I have a criminal record?

In most situations, yes. During a job interview or under oath after your record has been sealed, you may deny ever having a brush with the law.¹⁰

There are narrow circumstances where you may have to fess up even if you have sealed or expunged records. For example, people applying to the Colorado Bar to become a lawyer have to disclose their criminal record.¹¹

Also see our articles on professional licenses in Colorado:

• How convictions affect contractor licenses in Colorado
• How convictions affect nursing licenses in Colorado
• How convictions affect real estate licenses in Colorado
• How convictions affect medical licenses in Colorado
• How convictions affect dental licenses in Colorado
• How convictions affect social work licenses in Colorado
• How convictions affect accountancy licenses in Colorado
• How convictions affect law licenses in Colorado

7. How much does it cost to get a record seal in Colorado?

It depends on the type of record being sealed. The schedule of Colorado record seal fees is below:

Colorado offense	Record seal court filing fee
Arrest records which result in no charges	$224
Charges or conviction	$65
Multiple convictions	$235
Underage possession/ consumption of alcohol convictions that occurred prior to July 1, 2014	$0
Underage possession/ consumption of alcohol or marijuana convictions that occurred on July 1, 2014 or later	$0
Underage DUI convictions (UDD) with a BAL of .02 to .05.	$0
Juvenile records	$0

Also see our article, How much does it cost to seal a record in Colorado?

8. If I am eligible for a record seal, will a judge definitely seal it?

Usually, yes. Whether a judge will grant your petition to seal records is within the judge’s discretion. A record seal is never guaranteed.¹²

9. How do I get my criminal record sealed in Colorado?

It depends on the type of record being sealed. Usually, you need to file a motion with the court. Typically, the process of getting a Colorado record seal involves the following six steps:

1. Obtain records. First, get a copy of your criminal records from the law enforcement agency.
2. Obtain criminal history. Next, you may have to get a current verified copy of your criminal history from the Colorado Bureau of Investigations (CBI).
3. Complete the appropriate forms. Third, fill out the appropriate petition to seal forms.
4. File the petition. Once the forms are filled out, file them with the appropriate court (which is usually the court where the case occurred). For example, a criminal case heard in Denver District Court could also be sealed by that same court.
5. Court reviews the petition. The court will then either accept or deny the petition. In some cases, the court will schedule a hearing before deciding whether to issue a court order to seal.
6. Send orders to agencies. If the judge issues an order to seal, you then send copies to all of the agencies that have your criminal records on file (such as the police department and the CBI).

Links to the specific forms a record seal petitioner needs to complete are below:

Colorado offense	Links to “Petition to Seal” instructions and forms
Arrest records which do not result in a charge	JDF 417 – Petition to Seal Arrest Records (no charges filed)
Charges which do not result in a conviction	JDF 477 – Petition to Seal Records (Non-convictions)
A conviction	JDF 612 – Petition to Seal Criminal Conviction Record
Multiple convictions	JDF 641 – Petition to Seal Multiple Conviction Records
Underage possession/ consumption of alcohol convictions that occurred prior to July 1, 2014	JDF 313(a) – Petition to Seal Records Related to Underage Possession and Consumption of Underage Alcohol (MIP)
Underage possession/ consumption of alcohol or marijuana convictions that occurred on July 1, 2014 or later	JDF 313(b) – Petition to Seal Record Related to Underage Possession and Consumption of Underage Alcohol or Marijuana (MIP) or Possession of Marijuana Paraphernalia
Underage DUI convictions (UDD) with a BAL of .02 to .05.	JDF 305 – Petition for Expungement of UDD (Under Age Drinking and Driving)
Juvenile records	JDF 302 – Petition for Expungement of Records

10. How long does it take to get criminal records sealed?

The judge may take a few days or weeks to determine whether to grant an order to seal. If the judge grants it, you must mail copies of the order to the various agencies that have your criminal records on file (such as the police department that arrested you).

Once the agencies receive the order in the mail, your criminal records should be sealed within about 30 days.¹³

11. What if my petition to seal is denied?

The court will mail back a letter outlining the reasons why the petition to seal was denied. You may be able to correct any mistakes on the petition to seal and re-submit it.¹⁴

12. Are criminal records sealed automatically?

Eventually most convictions (not including violent crimes) get automatically sealed in Colorado after a certain amount of years have passed:

• Civil infractions get automatically sealed four years after the case closes.
• Petty offense convictions get automatically sealed seven years after the case closes.
• Misdemeanor convictions get automatically sealed seven years after the case closes.
• Felony convictions get automatically sealed ten years after the case closes.¹⁵

Need a record seal in Colorado? Call us…

If you have a criminal record in Colorado, contact our Denver criminal defense attorneys at (303) 222-0330 for a free consultation. We may be able to get it sealed or expunged. Sealing your criminal records will greatly increase your employment opportunities. It will also put you on a more even playing field with your friends and colleagues.

Arrested for DUI in Nevada? Read our articles on sealing Nevada criminal records and sealing DUI records in Nevada.

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