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Colorado Record Sealing FAQs

A past arrest or criminal case can keep affecting your life long after court proceedings end. Even when charges were dismissed, a criminal record may raise questions during employment screenings, housing applications, professional licensing reviews, and other background checks. Fortunately, Colorado law provides ways to seal certain criminal records and limit public access to eligible cases.

However, not every record qualifies, and the process depends on whether the case involved an arrest, dismissal, acquittal, completed diversion program, or criminal conviction. Some eligible records are sealed automatically, while others require a court motion or petition.

These Colorado record sealing FAQs explain how the process works, which records may qualify, and what sealing means for your future. For additional guidance, visit our Colorado record sealing vs. expungement guide or explore our Denver Criminal Defense FAQs.

Colorado Record Sealing Questions and Answers

Jump to a Question:

What is criminal record sealing in Colorado?

Criminal record sealing is a legal process that restricts public access to certain arrest, court, and criminal justice records in Colorado. When a record is properly sealed, it generally becomes unavailable through ordinary public criminal record searches, although courts, law enforcement, and certain authorized agencies may retain access.

Sealing does not physically destroy the underlying record or overturn a conviction. Instead, it changes who can access the information and how it may be disclosed.

Colorado’s record-sealing laws recognize that a past criminal case should not necessarily remain a permanent public obstacle to employment, housing, education, or other opportunities. Whether sealing is available depends on the offense type, case outcome, applicable waiting periods, and statutory exclusions.

Key Takeaways:

  • Record sealing restricts public access to eligible criminal records.
  • Sealing does not erase a conviction or destroy the underlying records.
  • Eligibility depends on the charge, case outcome, and Colorado law.

What is the difference between record sealing and expungement?

In Colorado, record sealing generally limits public access to criminal records, while expungement is a separate legal remedy available for certain categories of records. Procedures, eligibility requirements, and legal effects vary by case type.

Adult criminal cases ordinarily involve record sealing rather than expungement. Expungement is commonly associated with eligible juvenile delinquency records and certain other situations specifically covered by Colorado law.

These terms should not be treated as interchangeable. A person may qualify for sealing, but not expungement, and some records may not qualify for either remedy.

Our guide to record sealing versus expungement in Colorado explains the distinctions in greater detail.

Key Takeaways:

  • Sealing and expungement are different legal remedies.
  • Sealing generally addresses adult criminal records.
  • Eligibility and legal effects depend on the applicable statutory procedure.

Can I seal criminal charges that were dismissed?

Yes. Many Colorado criminal cases that end in a complete dismissal or acquittal qualify for record sealing. Certain successfully completed diversion agreements and deferred judgments that result in dismissal may also qualify, subject to statutory requirements and exceptions.

Colorado law provides a simplified process for eligible non-conviction records. In qualifying cases, the court generally must enter a sealing order at disposition without a separate written motion. However, exceptions and additional procedures can apply, including certain victim-notification situations.

If an eligible record was not sealed as required, additional action may be necessary. An attorney can review the disposition, determine whether the record should have been sealed automatically, and identify the appropriate procedure for addressing an unsealed record.

Key Takeaways:

  • Many dismissed cases and acquittals qualify for sealing.
  • Certain completed diversion and deferred judgment cases may qualify.
  • An eligible record that remains public may require follow-up action.

Can a felony conviction be sealed in Colorado?

Some felony convictions can be sealed in Colorado, but eligibility is limited to qualifying offenses and depends on the case’s circumstances. Certain lower-level felony convictions may qualify after statutory waiting periods, while many serious felonies remain excluded.

For example, convictions involving crimes of violence, certain sexual offenses, and other specifically excluded offenses generally cannot be sealed through the ordinary conviction-sealing process.

Eligibility can also depend on whether you have completed all sentencing requirements, whether restitution remains unpaid, and whether you have other convictions or pending criminal matters.

A Colorado criminal defense attorney can review the exact conviction statute, offense classification, sentencing record, and applicable sealing provisions before determining whether a petition is appropriate.

Key Takeaways:

  • Some lower-level felony convictions are eligible for sealing.
  • Many serious felony convictions are excluded.
  • The exact conviction and completion of sentencing obligations matter.

Can misdemeanor convictions be sealed?

Yes. Many Colorado misdemeanor convictions may qualify for record sealing after the applicable waiting period. Eligibility depends on the offense classification, case circumstances, completion of sentencing requirements, and statutory exclusions.

However, misdemeanor status alone does not guarantee eligibility. Certain domestic violence-related convictions, traffic offenses, and other specifically excluded crimes may not qualify for ordinary sealing.

Review the actual offense of conviction rather than relying only on a description of the original charge. A case that began with one allegation may have ended with a different conviction, and that final disposition can determine the available relief.

Key Takeaways:

  • Many misdemeanor convictions may qualify for sealing.
  • Some misdemeanors are excluded even after sentencing.
  • Eligibility depends on the final conviction and applicable law.

How long must I wait to seal a criminal record?

The waiting period for Colorado record sealing depends on the type of record and offense. Some eligible non-conviction records can be sealed at disposition, while conviction records may require waiting one or more years after the criminal proceedings or supervision have ended.

For many eligible convictions, waiting periods vary by offense classification. Qualifying petty offenses, misdemeanors, drug offenses, and certain felonies may have different timelines. Special procedures and exceptions may also apply.

Do not assume the waiting period begins on the date of arrest or the date of conviction. Depending on the applicable law, the relevant date may be the conclusion of criminal proceedings or release from supervision, whichever occurs later.

For official instructions, see the Colorado Judicial Branch’s record-sealing resources.

Key Takeaways:

  • Waiting periods differ by case outcome and offense classification.
  • Some qualifying non-conviction records may be sealed without a waiting period.
  • Completion of criminal proceedings and supervision can affect the timeline.

Does Colorado automatically seal criminal records?

Yes. Colorado automatically seals certain eligible arrest, non-conviction, and conviction records. However, not every eligible record is sealed immediately, and not every criminal case qualifies for automatic sealing.

Automatic sealing can depend on the type of record, the disposition, statutory waiting periods, available court and criminal-history information, and whether the case falls within an exclusion.

For qualifying dismissed cases and acquittals, Colorado’s simplified non-conviction procedure generally requires court-ordered sealing at disposition. Separate automatic processes also exist for certain arrest and conviction records.

If an old case still appears publicly, check whether the record was eligible for automatic sealing, whether the process was completed, or whether you need to file a motion.

Key Takeaways:

  • Colorado automatically seals certain qualifying records.
  • Automatic sealing does not apply to every arrest or conviction.
  • Records that remain public may need additional review or action.

Can DUI or DWAI convictions be sealed in Colorado?

Colorado DUI and DWAI convictions are generally excluded from ordinary criminal conviction sealing. Even if a DUI or DWAI case is old, time alone does not make the conviction eligible for sealing.

However, the case outcome matters. An arrest that did not result in a conviction, a dismissed charge, or a case resolved through a different qualifying disposition may need to be evaluated under the rules applicable to that specific outcome.

It is also important to distinguish criminal court records from driving records maintained by motor vehicle agencies. Sealing an eligible criminal record does not necessarily eliminate separate driving-history information.

For more information about Colorado impaired-driving cases, see our Denver DUI FAQs.

Key Takeaways:

  • DUI and DWAI convictions generally cannot be sealed through ordinary Colorado conviction-sealing procedures.
  • Dismissed DUI-related charges require a separate eligibility analysis.
  • Criminal records and motor vehicle records are not necessarily treated the same way.

Will a sealed record appear on a background check?

A properly sealed Colorado criminal record generally should not appear in ordinary public criminal record searches. This can help reduce the impact of eligible past cases on employment, housing, and other opportunities that involve public-record background checks.

However, record sealing is not absolute. Law enforcement, courts, prosecutors, and certain authorized entities may still access sealed information when the law permits.

Additionally, private background-check databases or older online publications may require separate attention if outdated information continues to appear after a record has been sealed.

Anyone relying on a sealing order should understand both its protections and its limitations.

Key Takeaways:

  • Sealed records are generally restricted from ordinary public searches.
  • Certain government and authorized entities may retain access.
  • Outdated information in private databases may require follow-up.

Can employers or licensing agencies access sealed records?

Most ordinary employers cannot require applicants to disclose properly sealed Colorado criminal records, subject to statutory exceptions. Colorado law also generally permits individuals to respond to qualifying inquiries without disclosing sealed records.

However, some employers, government agencies, licensing authorities, and positions requiring particular criminal-history checks may have legal access to sealed records.

This distinction matters most for people pursuing professional licenses, regulated employment, education-related positions, or other jobs involving specialized background checks.

Before relying on a sealing order in a professional application, determine whether an exception applies to the specific employer or licensing agency.

Key Takeaways:

  • Ordinary employers generally cannot demand disclosure of properly sealed records.
  • Some regulated jobs and licensing processes have exceptions.
  • Sealing does not eliminate every legally authorized background check.

How do I petition to seal a criminal record in Colorado?

The process begins by identifying the criminal case, determining which sealing law applies, and confirming that the record qualifies. If automatic sealing does not apply, the person may need to file a motion or petition with the appropriate Colorado court.

The required forms and procedures depend on the record. Arrests without charges, dismissed cases, convictions, municipal cases, and multiple convictions may follow different processes.

Depending on the circumstances, the court may review the filing, consider objections, schedule a hearing, and decide whether to enter a sealing order. If sealing is granted, the order must be communicated to the appropriate record custodians.

The Colorado Judicial Branch provides official instructions and forms, including separate resources for non-convictions, convictions, arrest records, and municipal cases.

Key Takeaways:

  • The correct procedure depends on the case type and outcome.
  • Some records qualify for automatic sealing; others require a court filing.
  • The relevant record custodians must properly implement a sealing order.

How can a Denver criminal defense attorney help with record sealing?

A Denver criminal defense attorney can help determine whether an arrest, dismissed charge, or conviction qualifies for sealing under Colorado law. This may involve reviewing court records, identifying the exact statutory offense, determining whether the waiting period has passed, and evaluating potential exclusions.

When a motion or petition is necessary, an attorney can help prepare the filing, address procedural issues, respond to objections, and explain what a sealing order will and will not accomplish.

Attorney Jacob E. Martinez and The Law Office of Jacob E. Martinez represent people facing criminal matters throughout Colorado. An individualized case review can help determine what record-related relief may be available.

Key Takeaways:

  • An attorney can evaluate eligibility, waiting periods, and statutory exclusions.
  • Legal guidance can help with court filings and objections when necessary.
  • Each record requires its own eligibility and procedural review.

Find Out Whether Your Colorado Criminal Record Can Be Sealed

A past criminal case does not always have to remain publicly accessible forever. Depending on the charge, outcome, and applicable Colorado law, sealing may let you limit public access to eligible criminal records and reduce barriers associated with a past arrest or conviction.

However, eligibility depends on more than how long ago the case occurred. The final disposition, offense classification, supervision history, and legal exceptions can all affect your options.

If you have questions about a past criminal case or your options under Colorado law, contact The Law Office of Jacob E. Martinez to discuss your circumstances and the next steps that may be available.