Practically all of us have made mistakes. When those mistakes result in your arrest, conviction, and even incarceration, it’s normal to be worried. Background checks for jobs, rental housing, and certain volunteer positions can show arrests, charges, or convictions, even for old criminal cases. Depending on the record, those results can cause employers to reject your job application, landlords to deny your rental, or licensing boards to limit or refuse your credentials.
The question is: can you get past these challenges by expunging or sealing your criminal record in Colorado? The answer is ‘yes,’ but you’re not automatically entitled to either action. Each one has its own eligibility requirements, timelines, and likelihood of success. In this guide, we’ll explain both options in detail and how an expungement and record-sealing lawyer can help.
What You Need to Know About Expungement and Record Sealing in Colorado
Let’s start by talking about the expungement process. This is the court-ordered destruction or permanent removal of a criminal record from court files, law enforcement databases, and other public record systems. Once a record is expunged, it’s treated as though the arrest, charge, or conviction never occurred. This option is normally available only for certain juvenile records, and a small number of adult criminal offenses, such as some petty marijuana violations. This makes it like the offense never happened.
Sealing of criminal records works differently. The criminal record still exists in court and law enforcement files, but it’s hidden from public access. Employers, landlords, and most private background check companies can’t view it, but law enforcement agencies, courts, and certain licensing boards can when legally allowed (i.e. they can petition the court to “unseal” a record to use it later). Criminal record sealing is available for a wider range of situations than expungement, including some arrests, dismissed cases, and certain misdemeanor and felony convictions after the required waiting period.
The main difference is permanence and scope of access. Expunging criminal records erases them completely, while sealing records keeps them in restricted files that some agencies can still review. Eligibility for each option depends on criteria like the type of offense, case outcome, and how much time has passed since the case ended.
Types of Criminal Records Eligible for Expungement vs. Sealing
Colorado law limits expungement to certain categories of criminal records. Juvenile delinquency records are the most common candidates, provided the offense was not a violent felony, sexual offense, or another excluded charge. In some cases, arrests where no criminal charges were filed can also be expunged, as can certain marijuana criminal offenses that were legal under updated state law.
Record sealing covers a broader range of criminal records. Arrest records can be sealed if charges were never filed, or if the case was dismissed or ended in an acquittal. Many misdemeanor convictions, such as theft or harassment, may qualify after a waiting period and completion of all court-ordered conditions. Some felony convictions, particularly non-violent drug offenses, may also be sealed after the statutory waiting period. Most municipal offenses can be sealed as well.
Both expungement and sealing of criminal records have strict exclusions. Violent crimes, sex crimes, DUIs/DWAIs, and certain repeat offenses generally can’t be expunged or sealed, even if many years have passed since the conviction. Before pursuing either option, you need to confirm that your past offense falls into an eligible category under Colorado law.
The Process for Expungement and Record Sealing in Colorado
The first step in clearing or sealing a criminal record is confirming that your case meets Colorado’s eligibility requirements. You’ll need to review the statute that applies to your offense, verify that the required waiting period has passed, and confirm that you’ve completed all court-ordered terms such as probation, fines, or community service. If you’re unsure which statute applies, you can obtain your case number from the court and use it to look up the final disposition.
Once you’ve confirmed eligibility, you must prepare a petition to file with the correct court. This petition usually includes your personal information, the case number, the criminal charges, the final outcome, and the legal basis for requesting expungement or sealing. You’ll also need to attach certified copies of relevant court documents and proof that all requirements have been met. In some cases, you must serve a copy of your petition on the district attorney or other agencies involved so they have the opportunity to object. You’ll also need to be able to pull your own background check, and make sure that it’s a recent report (usually it must be pulled within 30 days of filing your paperwork).
After filing, the court will review your petition. If the judge needs more information or if the district attorney objects, the court may schedule a hearing where you can present evidence and answer questions. If the court approves your request, it will issue a judicial order directing law enforcement agencies, the courts, and other record holders to destroy or seal the records.
Expungement court orders often take effect within weeks, while sealed records may take several months to be removed from public databases. In some circumstances, you may also need to pay a sealing fee directly to CBI to have your fingerprints removed from their database. You may need to transmit the order to CBI directly, as well. The overall timeline varies depending on the type of case, court workload, and whether objections are raised.
Benefits and Limitations of Clearing Your Criminal Record
To begin with, clearing or sealing your record can improve your chances of being hired. Most employers run background checks, and when a criminal or arrest record is expunged or sealed, it will no longer appear in those reports for most positions. This can help you qualify for jobs that would otherwise be unavailable due to past arrests or convictions.
Housing opportunities can also expand. Landlords tend to reject applicants with a criminal history, but sealed or expunged records are removed from public access, reducing the risk of being denied for a rental. This change can also help you pass tenant screening processes that rely on public court databases.
That said, there are limits. As we explained above, sealed records are still visible to law enforcement, the courts, and certain licensing agencies. Some professional licenses, security clearances, and government jobs may require background checks that access sealed files. While expungement removes most records entirely, it’s available only in limited situations under Colorado law, so many people will find that record sealing is the only option available to them.
How a Colorado Expungement and Sealing Lawyer Can Help
The laws governing expungement and record sealing in Colorado are exact and leave little room for error. Even small mistakes, such as filing in the wrong court, omitting a required record, or missing a deadline, can cause the court to reject your petition. That’s why it’s recommended that you work with an experienced criminal defense attorney who can:
- Thoroughly Evaluate Your Eligibility: A criminal defense lawyer can examine your complete criminal history, including arrests, charges, convictions, and final dispositions. They will check each record against Colorado’s statutes to confirm if it qualifies for expungement or sealing, determine the required waiting period, and confirm that no disqualifying factors apply.
- Select the Correct Remedy: They can determine if expungement, record sealing, or another legal remedy is the right choice for you. This decision in the legal process depends on your offense type, whether you were convicted, and how you want the record handled.
- Prepare a Complete and Accurate Petition: Your criminal defense attorney will draft and file the petition with the correct court, making sure it contains all required information, such as your case number, the original charges, the outcome, and the legal grounds for relief. They will also attach certified copies of court records, proof of sentence completion, and any other documents required by law.
- Communicate with Prosecutors and Agencies: When Colorado law requires notifying the district attorney or other agencies, your criminal defense lawyer will handle that communication. They can also negotiate or respond to objections, reducing the risk of the petition being denied.
- Reach out to the Victims of Prior Offenses: Some cases require victim notificaton prior to sealing or expungement. Rather than trying ot represent yourself and contact this person years later (which can be triggering), it’s probably best to have an attorney do so on your behalf. We are an independent third party, and sometimes we have better luck securing victim cooperation.
- Represent You in Court Hearings: If the judge schedules a hearing, your lawyer will present arguments, explain why you meet the legal criteria, and answer questions from the court. This is especially important if the prosecutor contests your petition or raises concerns about your eligibility.
- Confirm Enforcement of the Court Order: After the court grants the petition, your lawyer can follow up with law enforcement, the Colorado Bureau of Investigation, and court clerks to make sure the record is destroyed or sealed in every database. This ensures the relief you requested is actually completed.
While you’re not legally obligated to work with an attorney during the application process, doing so increases the likelihood of success. You stand a better chance of putting a difficult past behind you and moving forward.
Questions? Speak to a Colorado Expungement and Sealing Lawyer Today
Expungement and record sealing can both limit who sees your criminal history, but they work in different ways and have different eligibility rules. Knowing which option applies to your case is key to improving your employment, housing, and licensing opportunities.
Working with a qualified attorney who handles record-clearing cases can ensure that you meet the requirements, file the correct documents, and complete the process without costly mistakes. If you want to find out whether your criminal case qualifies for sealing or expungement assistance, Colorado Lawyer Team can review your record and help you get the fresh start you need. Call us or fill out our online form to get started.