A criminal record follows you everywhere. It shows up when you apply for jobs, try to rent an apartment, or seek professional licenses. Even arrests that never lead to charges can appear on criminal background checks and cost you opportunities you’ve earned.
Fortunately, Colorado law gives you a path forward. Record sealing and expungement allows you to limit who can see your criminal history or even remove it entirely. If you completed a diversion program, had charges dismissed, or finished probation years ago, you may qualify for relief that opens doors currently closed to you.
Colorado Lawyer Team helps clients across Denver and Colorado seal and expunge criminal records. Our attorneys know Colorado’s record sealing statutes, eligibility requirements, and court procedures. We evaluate your criminal history, file the right petitions at the right time, and handle objections from prosecutors or victims. From your first consultation through the final court order, our Denver record sealing and expungement lawyers guide you through each step of getting the fresh start you deserve.
Why Hire Us for Your Record Sealing or Expungement?
Colorado Lawyer Team has handled criminal record sealing and expungement cases across Denver County, Arapahoe County, Adams County, and Jefferson County–and, well, just about every county between Nebraska and the Four Corners. We know which cases qualify, when to file them, and how to respond when prosecutors object or the case gets set for a hearing. Go ahead, ask other sealing attorneys: “have you ever had to litigate a Motion to Seal before in a contested hearing?” See what they say… we’ll wait.
When you hire our legal team, you gain the following advantages:
- Compassionate, Judgment-Free Representation: We treat you with respect regardless of what’s on your criminal record. Our clients come from all backgrounds and have records ranging from minor misdemeanors to serious felonies. We don’t judge you for past mistakes. We help you move forward.
- Honest Advice and Guidance: Record sealing and expungement have different eligibility rules, waiting periods, and procedures. Our criminal defense attorneys know these statutes and stay current on changes that expand who qualifies for relief. We determine which cases qualify, which don’t, and how to approach cases that fall into gray areas where eligibility isn’t immediately clear. Hint: sealing is for adults and expungement is for juvenile offenses.
- Thorough Case Review: Before filing anything, we review your complete criminal history. This includes checking court records, arrest reports, and case dispositions. We identify which cases qualify for sealing or expungement and determine the best timing for filing. Sometimes municipal or petty offenses won’t show up on certain types of background checks, but they can still be jamming you up anyway. You can trust that we will do our due diligence to help no matter how big (or small) the underlying case may be.
- Post-Relief Compliance: If the court grants your petition, we confirm that courts and record-keeping agencies comply with the order. Sealed criminal records should not appear on background checks, but compliance doesn’t always happen automatically. We follow up to make sure the relief you received actually protects you.
- Advocacy That Gets Results: We frame petitions to highlight your eligibility and rehabilitation. Courts have discretion in some cases, so we present facts that support granting relief. This includes showing you’ve completed all requirements, maintained a clean record since the case ended, and demonstrated good reasons for sealing or expungement.
If you think you might qualify for record sealing or expungement, schedule a consultation. We’ll review your criminal history, assess your eligibility, and give you realistic expectations about what relief you may be able to obtain and how long it will take.
Understanding Record Sealing vs. Expungement in Colorado
State law treats record sealing and expungement differently. Sealing restricts who can see your criminal record. Expungement destroys it. The relief you qualify for depends on your case type and the outcome.
What Is Record Sealing?
Record sealing hides your criminal record from most background checks. With few exceptions, employers, landlords, schools, and licensing boards can’t see it when they run standard criminal history searches. The record still exists, but access is restricted. You can legally answer “no” when job applications ask if you’ve been arrested or convicted, with limited exceptions for positions that require disclosure despite sealing.
Although public view is restricted, certain agencies can still view sealed records or file petitions with the Court to unseal records for later use. Law enforcement may be able to see them during criminal investigations. Courts could access them if you’re charged with new crimes. Some government agencies reviewing applications for sensitive positions may also have access.
What Is Expungement?
Expungement destroys the criminal record entirely. Colorado allows expungement primarily for juvenile delinquency records. This option provides stronger protection than sealing because the record disappears completely. You can truthfully state you were never arrested or convicted for the expunged offense.
Who Qualifies for Record Sealing?
Colorado law allows record sealing for arrests, dismissed cases, completed diversion programs, and certain convictions. Each category has requirements you must meet before filing a petition.
Arrests With No Charges Filed
If police arrested you but the district attorney never filed charges, your criminal arrest record may qualify for sealing once the case is formally closed. In many situations, there is no waiting period, but eligibility depends on how the arrest was recorded and resolved. You generally must show that the case was closed without criminal prosecution. Courts rely on official case disposition records to determine eligibility, rather than letters from the district attorney.
Dismissed Cases and Acquittals
Cases dismissed by the court or resolved with a not guilty verdict qualify for sealing. This includes dismissals for lack of evidence, prosecutorial discretion, or successful completion of certain pretrial diversion programs, as well as acquittal after trial. Some acquittals are eligible for sealing without a waiting period, while many dismissed cases require a statutory waiting period depending on how the case was resolved.
Deferred Judgments and Diversion Programs
Many deferred judgment cases become eligible for sealing once the court enters the dismissal order, though eligibility and timing depend on the specific statute and offense involved. The petition must show that you completed every condition the court imposed. This includes community service hours, treatment programs, restitution payments, and probation terms. Missing even one requirement can delay eligibility.
Sealing Convictions Under Colorado Law
Colorado now allows the sealing of some criminal convictions. The waiting period depends on the specific offense and statutory category, not just the offense level. Here’s what you need to know:
- Certain petty offenses and misdemeanors may be eligible after waiting periods that vary by offense type (1-3 years typically)
- Some misdemeanor convictions qualify after longer waiting periods, depending on the charges (Domestic Violence “DV” cases are harder to seal, and sex offenses and traffic cases are usually ineliglbe entirely)
- Certain lower-level felony convictions may qualify after the applicable statutory waiting period (waiting periods can be 5+ years).
You must complete your entire sentence before becoming eligible for sealing, including probation, parole, and any incarceration. You also cannot have pending criminal charges at the time you file or any outstanding bills and unpaid costs or restitution.
Records That Cannot Be Sealed
Colorado law prohibits sealing for certain offenses regardless of how much time has passed:
- Class 1 and Class 2 felonies
- Sex offenses requiring registration
- Crimes against at-risk adults or children
- Certain violent offenses specifically excluded by statute
If your record includes any of these offenses, sealing may not be available under current state law. Colorado Lawyer Team can review your record to determine which cases qualify and explain which ones do not.
Who Qualifies for Expungement in Colorado?
Colorado primarily limits expungement to juvenile records. Even years later as an adult, if the conviction or arrest stemmed that is still showing on your record was from before you turned 18, it can be expunged. Most adult criminal cases (including most convictions) are not eligible for expungement and must be addressed through record sealing instead.
Certain juvenile criminal records qualify for automatic expungement, meaning the process may occur without the juvenile offender filing a petition. Automatic expungement may apply when:
- The court dismisses the case after successful completion of juvenile diversion, deferred adjudication, or an informal adjustment
- The juvenile offender completes a sentence for certain municipal offenses
- The juvenile completes a sentence for qualifying lower-level misdemeanor offenses that are not sex offenses, do not involve domestic violence, and do not fall into excluded statutory categories
For cases eligible for automatic expungement, the court provides notice to the district attorney, who must notify any victims. The prosecutor or a victim generally has 35 days to object. If no objection is filed, the court enters an expungement order. If an objection is filed, the court may hold a hearing to determine whether expungement is appropriate under the statute.
Juvenile crimes that do not qualify for automatic expungement may still be eligible through a petition, including serious felonies or sex offenses. In some situations, a petition may be filed immediately, such as after:
- A law enforcement contact that did not result in a court case
- Completion of a sentence for certain petty offenses or misdemeanors
More serious juvenile crimes, including felony and drug felony adjudications, usually require waiting periods before a petition may be filed. These periods vary depending on the offense and whether the juvenile was adjudicated as a repeat, mandatory, aggravated, or violent offender.
The Record Sealing and Expungement Process
Record sealing and expungement follow similar procedural steps, but the requirements, timelines, and standards vary based on the type of case and the relief requested. Here’s how the process typically works in Colorado.
Eligibility Review
Before filing anything, you need a complete picture of your criminal history. This means obtaining records from every court where you had a case and reviewing available criminal history information through the Colorado Bureau of Investigation. We can do this for you, and will often request records from you or through our investigator if not publicly available for download (believe it or not, some older records are still in hard copy and require a person to go and sign out and copy the file!).
We request official court records showing case outcomes, sentencing dates, and completion of all requirements. Upon receipt, we verify that any required waiting periods have passed and you do not have pending criminal charges, unpaid costs, fines, or restitution, or anything else that would prevent a successful motion.
If you have cases in multiple counties, we determine which cases qualify and whether they must be filed separately or may be addressed together, depending on statutory and court requirements.
Filing the Petition
Once eligibility is confirmed, we prepare the petition or motion. This document includes your criminal history, proof that waiting periods have passed, documentation showing completion of all sentence requirements, and supporting materials such as certificates of completion from diversion programs or probation discharge records.
We then file the petition with the court that handled the original case, which may be a district court, county court, or juvenile court, depending on the matter. Even municipal cases require sealing to go through county courts, and therefore we may need to open a new civil case in some circumstances. Juvenile expungements are filed in juvenile court, while adult criminal record sealing and expungement petitions are filed in the court of original jurisdiction.
Colorado law requires notice to certain parties. For conviction sealing, the district attorney must be notified, and in some cases, victims also have the right to receive notice and object. We serve notice in accordance with applicable procedural rules and file proof of service with the court. In situations where you still have contact with alleged victims, we will try to “prep” them for the sealing motion by contacting them in advance and before filing the motion.
Objections and Responses
After filing and service, prosecutors and, in some cases, victims have deadlines to object. These deadlines vary by statute and type of relief, but district attorneys often have approximately 35 days to file objections (although we’ve seen as long as 60 days given my some judges). If they do so, we respond with evidence like documentation establishing eligibility dates, statutory authority supporting sealing or expungement, and proof of rehabilitation such as employment history, treatment completion, or community involvement.
Court Hearings
Courts handle petitions differently depending on the type of relief requested and whether objections are filed. Some petitions may be granted without a hearing if the statute permits and no objections are raised, while other cases require hearings regardless of objections. For misdemeanor and felony matters, hearings are more common when prosecutors or victims object.
At these hearings, we present evidence supporting your petition. This may include testimony, documentation of rehabilitation, proof of sentence completion, and an argument explaining why granting relief serves both your interests and public safety.
Final Orders and Compliance
When the court grants a petition, it enters an order sealing or expunging the record. The order specifies the case numbers, charges, and records affected. We obtain certified copies of the order and send them to you for your file. The court takes care of transmitting the order to all criminal justice agencies identified in the order, which typically includes the Colorado Bureau of Investigation, arresting law enforcement agencies, and the district attorney’s office.
Compliance with sealing orders does not always occur automatically. CBI regularly requires 30 days to process sealing orders, for example. If agencies fail to update records or miss deadlines, follow-up may be necessary, including filing motions to enforce the court’s order. After compliance, we verify that records no longer appear on official criminal history reports and commonly used background checks. If records continue to appear, we identify the source and take steps to correct the issue.
Speak to a Denver Record Sealing and Expungement Lawyer Today
Having a criminal record limits your life in ways most people don’t fully realize. That bar fight you were arrested for? A potential employer can run a background check, see the arrest on your record, and hire someone else. Landlords routinely deny rental applications when they see past charges (even dismissed ones), while colleges ask about criminal history on admissions forms. Even deferred sentences that are successfully completed, cases that are dismissed, or pleas that are withdrawn still show up on your record unless sealing orders are obtained. Professional licensing boards review records before granting credentials in fields like nursing, teaching, real estate, and cosmetology.
At Colorado Lawyer Team, we believe that past mistakes shouldn’t define your future forever. With sealing and expungement, you regain opportunities that your record currently blocks. We evaluate your eligibility, file the appropriate petitions, and handle objections and hearings so you don’t face prosecutors alone. For more information, schedule a consultation today.
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