Colorado Class 2 Misdemeanors

In Colorado, misdemeanor offenses committed on or after March 1, 2022, are divided into Class 1 and Class 2 (Colorado Revised Statutes § 18–1.3–501), with Class 2 misdemeanors being the less severe type of misdemeanors. Under the law, nonetheless, certain misdemeanor offenses whose sentences are specified by their particular statute, rather than by their classification, are designated as “unclassified” misdemeanors.

In the broad classification of crimes in Colorado, Class 2 misdemeanors represent the eighth level of criminal offenses, preceded by Class 1 through Class 6 felonies (as described in C.R.S. § 18-1.3-401) and Class 1 misdemeanors, and then followed by infractions or petty offenses (as described in C.R.S. § 18-1.3-503). While a misdemeanor is still an offense, felonies are the most serious type of crime, which is why they carry harsher punishments and long-term consequences compared to misdemeanors. Misdemeanor offenses include simple assault and criminal trespass, and felony offenses include crimes like armed robbery and murder.

Criminal classifications are done mainly to distinguish crimes by severity and potential penalties. As such, understanding these classifications is essential for comprehending the possible legal consequences of an offense, including the court process and criminal court records.

Note: In Colorado, there are misdemeanors (divided into Class 1 and 2), misdemeanor traffic offenses (also divided into Class 1 and 2 under CRS § 42-4-1701), and drug misdemeanors (divided into Level 1 and Level 2).

Common Examples of Class 2 Misdemeanors in Colorado

Common examples of Class 2 misdemeanors in Colorado include, but are not limited to:

• Harboring a minor (C.R.S. § 18-6-601 (2))
• Bigamy (C.R.S § 18-6-201 (1), (2))
• Violation of a protection order (C.R.S § 18-6-803.5 (2)(a))
• Cybercrime resulting in losses or damage between $300 and $1,000 (C.R.S. § 18-5.5-102 (3)(a)(III))
• Criminal possession of an identification document (C.R.S § 18-5-903.5 (2)(a))
• Identity theft (C.R.S § 18-5-902 (1))
• Use of forged academic record (C.R.S § 18-5-104.5 (3))
• Second-degree criminal trespass (C.R.S § 18-4-503 (2)(b))
• Theft of a thing whose value is between $300 and $1,000 (C.R.S § 18-4-401 (2)(d))
• Third-degree burglary (C.R.S § 18-4-204 (2))
• Reckless endangerment (C.R.S § 18-3-208)
• False imprisonment (C.R.S § 18-3-303(2))
• Second-degree criminal tampering (C.R.S § 18-4-506)
• Criminal impersonation (C.R.S § 18-5-113 (2)(c))
• Resisting arrest (C.R.S § 18-8-103 (4))
• Impersonating a public servant (C.R.S. § 18-8-113 (3))
• Violation of bail bond conditions (C.R.S § 18-8-212 (2))

Statute of Limitations for Class 2 Misdemeanors in Colorado

In Colorado, the statute of limitations sets the deadline or timeframe for prosecuting criminal offenses such as Class 2 misdemeanors. According to Colorado Revised Statutes § 16-5-401, the statute of limitations for Class 2 misdemeanors is 18 months, beginning from the date of the offense. Nonetheless, under the “discovery rule”, the clock, or the limitation period, starts for violations, such as fraud, theft, or crimes involving concealment, upon discovery or when the offense or injury should have been reasonably discovered.

The law allows the limitation period to toll or pause for up to five years maximum if the accused is absent from Colorado. Furthermore, misdemeanors excluded from the 18-month limitation period include traffic-related misdemeanor offenses and child-related misdemeanor sexual assaults. Misdemeanor traffic offenses have a statute of limitation of one year, and misdemeanor sexual assaults involving a child carry a limitation period of five years.

The table below summarizes the statute of limitations for Class 2 misdemeanors in the state of Colorado.

Legal Penalties for Class 2 Misdemeanors in Colorado

A Class 2 misdemeanor in Colorado carries a potential legal penalty of up to 120 days in county jail, fines of up to $750, or both (CRS § 18-1.3-501(1)(a.5)). For Class 2 traffic-related misdemeanors, the penalty ranges from a minimum of a 10-day jail sentence and a $150 fine to a maximum of 90 days in jail and a $300 fine, or both (CRS § 42-4-1701(3)(a)(II)). Additionally, Level 2 drug-related misdemeanors carry penalties of up to 120 days in jail, fines ranging from $50 to $750, or both (CRS § 18-1.3-501(1)(d)).

Typically, the severity of the penalty depends on certain factors, including the circumstances of the case, the defendant’s prior convictions, the victim’s age, and the court’s discretion. It is important to note that, instead of jail sentences and/or fines, a convicted person may receive probation (CRS § 18-1.3-202), restitution (CRS § 18-1.3-205), or community service.

Once convicted and sentenced, an offender typically faces long-term consequences for their conviction, including reputational damage, difficulties obtaining employment, and reduced educational opportunities.

Court Process for Class 2 Misdemeanors in Colorado

Below is the general step-by-step court process for Class 2 misdemeanors in Colorado (note that not every case may follow this process):

• Arrest or Summons: A suspect believed to have committed a crime is arrested and taken into custody, or, depending on the circumstances, may be served with a summons, outlining their charges and the date to appear in court.
• First Appearance/Advisement Hearing: The accused appears before a judge, where they are formally notified of their charges, their rights, and their bond conditions are set.
• Bond Hearing/Second Advisement Hearing: The judge advises the accused of the formal charges against them, including the review or adjustment of bond conditions.
• Arraignment/Plea Hearing: The defendant submits a plea of guilty or not guilty at this hearing. The defendant's plea determines how the case proceeds (e.g., a “not guilty” plea to a disposition hearing and a “guilty” plea to sentencing).
• Pretrial Hearings: These may include the disposition hearings, motion hearings, and pretrial conferences to resolve issues before trial between the court, prosecutor, and the defendant or their defense attorney. During a disposition hearing, for example, the prosecutor and defense attorney can negotiate a potential resolution to avoid a trial, including the defendant changing their plea to guilty or agreeing to a plea deal. During motion hearings, the court makes determinations on certain aspects of the case following motions and arguments. The defendant can also take this opportunity to voluntarily change their plea to guilty or enter a plea bargain.
• Trial: The prosecuting attorney and defense attorney present evidence and make arguments to the judge or jury to determine whether the defendant is guilty beyond a reasonable doubt or not.
• Sentence Hearing: After a guilty plea or guilty verdict, the judge imposes a sentence at the sentence hearing.

How Class 2 Misdemeanors Affect Your Criminal Record in Colorado

In Colorado, Class 2 misdemeanor charges and convictions become part of the criminal record. They appear on criminal background checks, including those conducted for employment, housing, and professional licensing. For example, through an Internet Criminal History Check, any member of the public, including employers, landlords, and educational institutions, can determine whether a person has been charged or convicted of a misdemeanor in the state.

While the impact of a misdemeanor appearing on a person's criminal record may vary, depending on jurisdiction and record retention schedules, it is not uncommon for individuals to suffer limited job, housing, or educational opportunities as a result. Fortunately, under Colorado law, misdemeanors can be removed from criminal records.

Differences Between Class 2 Misdemeanors and Other Offenses in Colorado

The difference between Class 2 misdemeanors and other offenses is that they are:

• Less severe than Class 1 misdemeanors and thus carry lighter jail and fine sentences (i.e., up to 120 days and up to $750 versus up to 364 days and up to $1,000).
• More serious and punished more severely than petty offenses or violations (i.e., 10 days in jail and/or fines of up to $300).
• Far less severe than felonies and less severely punished. Felony sentences range from imprisonment terms of one year to life imprisonment (or the death penalty) and fines of $1,000 to $1,000,000.

How to Check for Class 2 Misdemeanors in Colorado Court Records

In Colorado, court records for Class 2 misdemeanor cases are public under the Colorado Open Records Act (CORA) and the Criminal Justice Records Act (CJRA). As a result, interested individuals can review, inspect, and/or obtain these records in person through the specific court where the misdemeanor case was filed (i.e., county and municipal courts). The state’s “Find Your Court” may be used to obtain the location and contact information of these courts. Note that fees are typically charged for record copies.

Additionally, lookup or copy requests may be submitted for court records for Class 2 misdemeanors using the Colorado Judicial Branch’s “online request form”. The applicable court will contact the requester with information regarding their request when the form is completed and submitted.

Alternatively, individuals can use the official "docket search" tool to find a misdemeanor case docket, or they can visit a third-party commercial site that provides real-time online searches of the Colorado state court records register of actions.

Can a Class 2 Misdemeanor Be Expunged or Sealed in Colorado?

Yes. Class 2 misdemeanors can be cleared or removed from records in Colorado under the state’s sealing and expungement laws (C.R.S. § 24-72-701 et seq.). However, expungement is limited to juvenile records, arrests due to mistaken identity, and certain drug cases under CRS § 24-72-702 and § 24-72-704.

Sealing, in contrast, is available for adult Class 2 misdemeanor convictions after a 2-year waiting period from final disposition (CRS § 24-72-706(1)(b)). Class 2 misdemeanor traffic offenses are ineligible for sealing, as are sexual assault and child and domestic abuse-related crimes.

The guide “How to Seal Criminal Conviction Records” in Colorado outlines the steps individuals can take to petition for the sealing of their Class 2 misdemeanor records in the state. Note that a sealed misdemeanor record is not accessible to the public, but the record is not destroyed and remains available to the court and other criminal justice agencies. The table below summarizes Colorado’s sealing rules for first-time, repeat, and violent offenses.