Sealing and Expunging Criminal Records in Colorado

According to the Colorado Open Records Act, criminal records are accessible to state residents. Although the purpose of the law is to ensure transparency in public agencies, the public disclosure of some records long after conviction and sentence requirements are satisfied may be counterproductive. Some of the negative impacts of having an open criminal record may include:

• An inability to secure a job,
• Challenges in obtaining student financial aid
• Steeper hurdles in renting a house.

To avoid these consequences, individuals who have been arrested or convicted in Colorado may take steps to seal or completely erase (expunge) their criminal record. According to §§ 24–72–701—24–72–708 of the Colorado Revised Statutes, individuals acquitted or convicted of crimes such as traffic violations, DUI, and juvenile-related offenses may expunge their criminal records. Other criminal records, including sexual offenses, child pornography, and other violent crimes, are not eligible for expungement.

The Difference Between Sealing and Expunging Criminal Records

In Colorado, a sealed record is not available to the public but may still be accessed by the record holder and law enforcement agencies. Also, individuals may access a sealed record by getting a court order. On the other hand, an expunged record is erased from the authorized record custodian’s database. As a result, individuals whose criminal history has been expunged may claim that they did not commit the crime. Generally, only some specific adult crimes and juvenile records in Colorado may be sealed.

How to Seal a Criminal Record in Colorado

In Colorado, record sealing requests are open to offenders whose cases were dismissed, charges were dropped, or they were acquitted of a crime. Criminals who were convicted of drug offenses and human trafficking may also have their history files restricted from public view. Eligible individuals may be able to seal their criminal records by following these general steps:

• Complete the appropriate petition form.
• File the petition together with a $224 filing fee. Petitioners who are unable to pay may fill out and submit a Motion to File Without Payment.
• Wait for the court to review the documents and decide whether a hearing will be held or not. The petition may be granted or denied without a hearing.
• If the court sets up a hearing date, the petitioner may be required to answer some questions about the request.
• Once the request is granted, the petitioner is required to notify the agencies of the approval.

Contact the Colorado Bureau of Investigation to get a copy of the criminal history record. Requesters can access their records at the online repository or send mail requests to:

Colorado Bureau of Investigation (CBI)
690 Kipling Street
Suite 315
Lakewood, CO 80215
Phone: (303) 239–4208

What Crimes Can Be Expunged in Colorado

Arrest records of a juvenile and arrests made due to mistaken identity are typically expungeable in Colorado. Expunged criminal records are completely removed from the record custodian’s repository. Since expunged records are destroyed, it is impossible for anyone, including law enforcement agencies, to view the document after expungement.

Can a Felony Be Expunged in Colorado?

In Colorado, expungement is generally limited to specific situations, including arrests without conviction, juvenile records, and cases of mistaken identity. Colorado law also permits the sealing of a conviction rather than full expungement in most cases. Unlike expungement, sealing is not synonymous with absolute erasure of the data. The record still exists. It is only that the general public can no longer access it. However, the record is still accessible to law enforcement and the court. For instance, judges often consider a previous conviction before sentencing an individual for a subsequent conviction.

Most felony convictions are sealed under the Colorado Revised Statutes §§ 24-72-706–710. Generally, only non-violent felonies in Classes 4, 5, and 6, as well as some lower-level drug felonies, are eligible for sealing after a waiting period. More serious felonies, such as Class 1–3 crimes, violent crimes, sexual offenses, and DUI felonies, are not eligible.

The criteria for sealing eligibility include:

• Eligible crimes: Non-violent Class 4–6 felonies and low-level drug felonies may be sealed after the statutory waiting period.
• Disqualifiers: Violent crimes, sexual offenses, domestic violence crimes, major drug felonies (Class 1–3 or Level 1), and DUI felonies are excluded.
• Waiting periods: A motion to seal can be filed 3 years after completing the sentence for most eligible felonies, or 5 years for others. Petitioners must remain conviction-free during this period.
• Automatic sealing: Some cases, such as dismissals, acquittals, or completed deferred judgments, may be sealed automatically under C.R.S. § 24-72-705.
• Pardons: If the Governor grants a full pardon, you may petition to seal any offense immediately (C.R.S. § 24-72-706).

How to Expunge Criminal Records in Colorado

The process of expunging a criminal record in Colorado is challenging. In both cases, petitioners typically must complete a five-year waiting period before filing a request. Once the court grants the petition, a notice will be sent to the district attorney or the prosecutor’s office. If there is no objection from the prosecutor, the court will enter an expungement order.

Do Sealed Records Show up in Colorado Background Checks?

No. Sealed records are restricted and cannot show up in background checks available through the Colorado Bureau of Investigation. As such, employees and financial institutions typically cannot access these records. Without a public criminal record, the defendant also has a right to claim non-involvement in the crime. Nonetheless, it is essential to note that a sealed record may be accessible by law enforcement agencies, approved public agencies, and the record holder.

Who Can See Sealed Criminal Records in Colorado

Sealed records are only hidden, not destroyed. This means that it is still available at the state repository even though members of the public may not have access to it. All approved record custodians in Colorado are required by law to respond to requests for the record by saying that a sealed record does not exist. However, the owner of the record may still have access to such records. Other state agencies, such as the Department of Public Safety and insurance companies, may seek access to the records.

How Can I Get My Record Expunged for Free in Colorado?

Although courts charge a $65 filing fee to seal conviction records (C.R.S. § 24-72-707), authorities are inclined to waive the fee if the applicant qualifies as indigent, or if the case should have been sealed automatically, or if the applicant has received a pardon. Petitioners may also need to pay for a Colorado Bureau of Investigation (CBI) criminal history report, which costs approximately $12.50, and may incur fingerprinting fees of $10–$20.

In Colorado, filing a petition requires:

• Completing the petition form (JDF 612) and filing it in the same court where the case was heard.
• Attach a recent CBI criminal-history report.
• List all agencies or courts that maintain your records.
• Serve the petition on the District Attorney. If there are objections, the court may hold a hearing.

Many non-profits and court programs offer free or low-cost sealing assistance. For example, Colorado Legal Services and nonprofit clinics offer free sealing help to qualifying applicants. Colorado Judicial Branch Self-Help Centers provide forms and courthouse assistance. Lastly, the Colorado State Public Defender publishes plain-English guides on eligibility and procedures.

How to Obtain Sealed Records in Colorado

Sealed records are open to the record holder and other approved agencies in the state. Generally, a court order is necessary to obtain these records, as they are not available online. Note that, regardless of being sealed, these records are still available with the Colorado Bureau of Investigation. The department, which is a division of the Colorado Department of Public Safety, maintains a central repository of all criminal records in the state. As such, the record holder may obtain the record by contacting CBI through the address below:

Colorado Bureau of Investigation (CBI)
690 Kipling Street
Suite 315
Lakewood, CO 80215
Phone: (303) 239–4208

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. Additionally, third-party sites often feature search engines that allow users to filter specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.