Infractions, Misdemeanors, And Felonies in Colorado

Colorado's crimes and offenses may be classified into three major categories based on their gravity:

• Infractions
• Misdemeanors
• Felonies.

Infractions constitute petty offenses, misdemeanors are more serious, and felonies represent the most severe crimes in the state. The state legislature requires that prosecutors try all Colorado crimes based on these categories. Furthermore, Colorado law sets statutes of limitations that cap the period for prosecution, separate from defining record types.

What is a Felony in Colorado?

Felonies in Colorado are the most serious crimes with the most severe punishments compared to misdemeanors and infractions. § 18–1.3–401 of the Colorado Revised Statutes defines felonies as crimes punishable by at least one year imprisonment and a maximum of a life sentence. The penalties for felonies may also include fines, probation, mandatory counseling, or other sanctions provided at the court’s discretion.

In Colorado, the courts determine the sentence for felony crimes based on the nature of the crime and the provisions of the state’s code. Other factors that may affect the severity of the penalties include:

• Age - The age of individuals who commit felonies may influence the penalties given for certain crimes. For instance, juveniles may serve milder sentences compared to adult offenders. In addition, the age of victims in a crime may also influence the level of severity of the sentence, as seen in kidnapping, rape, and certain DUI cases
• Consequences of the crime - These may be moral, social, financial, and physical or health-related damages resulting from the specific offense. As a general rule, the greater the implications or consequences of a felony, the more severe the penalties may be
• Mental health - The court takes individuals' psychology into account during criminal hearings to determine offenders' culpability. Mental illness provides a strong extenuating factor that can result in less severe punishments. For example, if evidence proves a mentally ill offender committed a crime, authorities send that person to a state mental facility rather than to prison
• Previous criminal history - A defendant's prior convictions commonly affect the severity of their penalties. The court holds repeat or habitual offenders more liable, which leads to higher jail terms. Furthermore, repeated offenses cause the crime to be categorized in a more severe class of felonies. Conversely, the court often grants first-time felony offenders a more merciful sentence, such as reduced fines and jail terms
• Other mitigating or aggravating circumstances - Circumstances surrounding a crime reduce or increase charges. The court examines factors like provocation, premeditation, and self-defense.

A felony conviction may cause the individual to lose rights and face other societal problems, because removing their records may be difficult or impossible.

Classification of Felonies in Colorado

Colorado classifies felonies using a complex system. The state first identifies three major types:

• Felonies
• Drug felonies
• Unclassified felonies.

It then subcategorizes regular felonies into six classes and subdivides drug felonies into four levels.
Aggravating factors, extraordinary risk, the degree of the crime, or previous convictions change the classification of crimes and sentences in Colorado. Courts often categorize criminal attempts or conspiracy charges one class or level lower than the actual felony.

Felonies

Colorado divides regular or non-drug-related felonies (committed on or after July 1, 2018) into Class 1 through Class 6. Class 1 carries the most severe punishment, and Class 6 results in the least. Penalties may also include fines, probation, and parole.
The six felony classes and their respective penalty ranges are:

• Class 1 felony - The court imposes life imprisonment with or without parole; no fines apply
• Class 2 felony - The court imposes imprisonment from 8 to 24 years; fines range from $5,000 to $1,000,000.
• Class 3 felony - The court imposes imprisonment from 4 to 12 years; fines range from $3,000 to $750,000.
• Class 4 felony - The court imposes imprisonment from 2 to 6 years; fines range from $2,000 to $500,000.
• Class 5 felony - The court imposes imprisonment from 1 year to 3 years; fines range from $1,000 to $100,000.
• Class 6 felony - The court imposes imprisonment from 1 year to 18 months; fines range from $1,000 to $100,000.

Bill SB20–100 repealed Colorado's death penalty laws when lawmakers passed the measure on February 26, 2020. The bill changed the state's status, and the new law applies to felonies charged on or after July 1, 2020.

Drug felonies

These crimes involve the possession, sale, or administration of drugs in Colorado. Apart from imprisonment, penalties may include fines, probation, and participation in certain programs.
The law divides drug felonies (committed on or after October 1, 2013) into four levels, which carry the following penalty ranges:

• Level 1 drug felonies: The court imposes imprisonment from 8 to 32 years, along with fines that range from $5,000 to $1,000,000. The sentence includes a mandatory parole period of 3 years and an aggravated range from 12 to 32 years.
• Level 2 drug felonies: The court imposes imprisonment from 4 to 8 years, and fines range from $3,000 to $750,000. The sentence includes a mandatory parole period of 2 years and an aggravated range from 8 to 16 years.
• Level 3 drug felonies: The court imposes imprisonment from 2 to 4 years, and fines range from $2,000 to $500,000. The sentence includes a mandatory parole period of 1 year and an aggravated range from 4 to 6 years.
• Level 4 drug felonies: The court imposes imprisonment from 6 months to 1 year, and fines range from $1,000 to $100,000. The sentence includes a mandatory parole period of 1 year and an aggravated range from 1 year to 2 years.

Unclassified felonies

Unclassified felonies represent crimes that fall outside of levels 1 through 4. The penalties for unclassified felonies vary, and the criminal code specifies sentences for some crimes in this category. When the law provides no penalty, the court imposes a maximum fine of $100,000 and a maximum jail term of 5 years.

What are some examples of felonies in Colorado?

Colorado classifies felonies into six classes. These classifications are based on the severity of the crimes, with level 1 felonies being the most serious crimes, and level 6 being the least severe. According to Colorado laws, the various classes of felonies contain the following crimes.

Class 1 Felonies (Most Serious)

• First-degree murder
• Treason
• Certain aggravated kidnapping cases

Class 2 Felonies

• Second-degree murder
• Human trafficking for sexual servitude (adult victims)
• Certain drug distribution offenses (large amounts of controlled substances)
• First-degree kidnapping (if the victim is released unharmed before ransom is paid)

Class 3 Felonies

• First-degree assault
• First-degree burglary
• Aggravated robbery
• Vehicular homicide (while under the influence)
• Sexual assault (adult victim)

Class 4 Felonies

• Manslaughter
• Second-degree kidnapping (without aggravating factors)
• Identity theft
• Vehicular assault (DUI-related serious injury)
• Sexual assault on a child (by a person in a position of trust, in some circumstances)

Class 5 Felonies

• Criminally negligent homicide
• Menacing with a deadly weapon
• Second-degree assault (in certain circumstances)
• Some forms of fraud (for instance, check fraud over a set value)

Class 6 Felonies (Least Severe Felonies)

• Possession of certain controlled substances (small amounts of Schedule I or II drugs)
• Animal cruelty (aggravated cases)
• Failure to register as a sex offender (in some situations)
• Theft of property valued between $2,000 and $5,000.

In addition to the six felony classes, there are also unclassified felonies that do not fall neatly into any of the felony classes. These crimes have separate sentencing structures. These include some traffic-related felonies (for example, vehicular homicide not covered under other categories) and certain environmental crimes.

Can I get a Felony Removed from a Court Record in Colorado?

Yes, Colorado law allows individuals to remove records of certain felony offenses from Colorado court records. Arrest records for cases that the court dismissed, acquitted, did not charge (due to a run-out statute of limitation), or charged due to a mistake qualify for immediate record sealing or expungement under § 24–72–702 of the Colorado Revised Statutes.
Records of cases where the statute of limitations has not run out but the police no longer investigate the matter also qualify for removal.
However, expunging or sealing records of convicted cases in Colorado depends on specific factors according to Sections 24–72–703 and 705 of the Colorado Revised Statutes. Intending petitioners should note the following:

• Individuals can expunge non-violent juvenile (under 18) or underage (under 21) records
• The court requires requesters of juvenile record expungement not to have pending criminal trials or previous convictions
• Crimes that fall under the Class 1 to Class 3 categories and certain non-violent and non-sex-related crimes do not qualify for expungement or record sealing
• Records of crimes that fall under Level 1 drug felonies and certain DUIs also do not qualify for expungement or sealing of records.
• The law prohibits the removal of records of crimes committed against victims of sex trafficking
• The offender must have satisfied all terms of the penalties, such as jail time, probation, parole, or fines.

Record Expungement or Sealing Process

Removing a felony court record depends on the crime type, but generally involves the following steps:

• The individual obtains a copy of the criminal record from law enforcement agencies, the Colorado Bureau of Investigation (CBI), or the county court
• The person collects information and fills out the appropriate petitions or forms
• The individual files the petition through the required channel
• The petitioner pays all applicable fees
• The court reviews the petition and may hold a hearing
• The court communicates the decision; if it issues an approval order, the person sends copies to all agencies that have copies of the criminal records.

Eligibility is not a guarantee for expungement or sealing of felony records; the judge often uses discretion. Additionally, victims or district attorneys may request a hearing to block an individual's petition for sealing records.
Note: Juvenile offenses mean crimes committed before the age of 18, and underage offenses mean crimes committed under 21 years.

Is Expungement the same as Sealing Court Records in Colorado?

No, in Colorado, sealing records and expungement mean different things, and the two processes differ in various ways. Expungement only applies to destroying or wiping out data concerning juvenile records on certain crimes. Record sealing, however, removes adult conviction records from public view; the record still exists, and certain authorities can access it.

In Colorado, expungement and sealing share one similarity: the records do not show up in criminal history background checks that private individuals or employers conduct. In addition, individuals who had their records expunged or sealed do not have to admit to having been convicted of crimes, though a few exemptions to this apply in the case of sealed records.

How Long Does a Felony Stay on Your Record in Colorado?

Criminal records of felony arrests or convictions in Colorado remain on an individual’s records permanently; Colorado law does not provide automatic sealing or expungement (C.R.S. § 24–72). Interested and eligible persons must file petitions for sealing or expungement, satisfy all conditions, and obtain approval or a court order from the court before the record can be removed.
Before eligible persons can apply for expungement of records, the law requires them to wait for a specified period. The required waiting periods for certain felonies are:

• Class 3 to 6 felonies - The individual waits 3 to 5 years after final disposition
• Level 3 and 4 drug felonies - The individual waits 3 years after final disposition.
• Juvenile records - The individual waits 5 years after final disposition.
• Other eligible felonies - The individual waits 5 years after final disposition (depending on the felony type).

What is a Misdemeanor in Colorado?

Misdemeanors in Colorado represent less severe crimes compared to felonies, but are more serious than infractions. Misdemeanors are punishable by imprisonment and may also include fines, probation, parole, mandatory counseling, and other sanctions that state laws describe (C.R.S. § 18–1.3–501).
Several factors influence sentencing, including the offender’s prior criminal records and age, the victim’s age, the financial costs of damages, the weight of substances, and other aggravating or mitigating circumstances.

Classes of Misdemeanors in Colorado

The classification of misdemeanors in Colorado shows several layers. First, the state defines three major types of misdemeanors:

• Regular misdemeanors
• Drug misdemeanors
• Traffic misdemeanors.

Furthermore, each major category is subdivided into classes or levels. Regular misdemeanors have three classes, in addition to unclassified misdemeanors; drug misdemeanors have two levels, while traffic misdemeanors have two classes and unclassified traffic misdemeanors.
Previous records, extraordinary risk, aggravating factors, or the degree of the crime may change the classification and sentencing of certain crimes in Colorado.

Misdemeanors (Regular)

The classes of regular misdemeanors in Colorado and their penalties are:

• Class 1 Misdemeanor - The court imposes fines from $500 to $5,000, imprisonment from 6 to 18 months, or both. Extraordinary risk carries imprisonment from 6 to 24 months
• Class 2 Misdemeanor - The court imposes fines from $250 to $1,000, imprisonment from 3 to 12 months, or both
• Class 3 Misdemeanor - The court imposes fines from $50 to $750, maximum imprisonment of 6 months, or both
• Unclassified Misdemeanor - The relevant statute specifies the penalty. If the statute does not specify the penalty, the maximum fine is $1,000, and/or imprisonment is up to 1 year

Drug Misdemeanors (DM)

• DM Level 1 - The court imposes fines from $500 to $5,000, imprisonment from 6 to 18 months, or both
• DM Level 2: The court imposes fines from $50 to $750; no imprisonment applies

Traffic Misdemeanors

• Class 1 Misdemeanor Traffic Offenses - The court imposes fines from $300 to $1,000, imprisonment from 10 days to 12 months, or both
• Class 2 Misdemeanor Traffic Offenses - The court imposes fines from $150 to $300, imprisonment from 10 to 90 days

Unclassified Misdemeanor

Traffic Offenses - The relevant statute specifies the penalties.

What are some examples of Misdemeanors in Colorado?

Examples of offenses under each category include:

Class 1 Misdemeanor (including extraordinary offenses)

• Tampering with voting equipment
• Domestic violence harassment
• Child abuse
• Unlawful sexual contact

Class 2 Misdemeanor

• Resisting arrest
• Keeping a place of prostitution
• Second-degree criminal tampering
• Second-degree arson

Class 3 Misdemeanor

• Hazing
• Fourth-degree arson
• Disorderly conduct
• Theft ($50 to $300)

Unclassified Misdemeanor

• Elder abuse
• Elder financial exploitation

Level 1 Drug Misdemeanor

• Possession of marijuana (between 6 and 12 oz.)
• Attempt to commit a level 4 drug felony

Level 2 Drug Misdemeanor

• Possession of marijuana (between 2 and 6 oz.)
• Abuse of toxic vapors
• Attempt to commit a drug misdemeanor

Class 1 Traffic Misdemeanor

• Careless driving
• Engaging in illegal speed contests

Class 2 Traffic Misdemeanor

• Driving without a valid license
• Speeding 25 mph or more (not in a repair, construction, or maintenance zone)

Unclassified Misdemeanor Traffic Offenses

• Operation of an unsafe vehicle
• Unlawful transportation of hazardous materials.

Can I Get a Misdemeanor Removed from a Record in Colorado?

It depends, as the law does not allow the removal of all types of misdemeanor offenses from a record in Colorado. Individuals can petition for the removal of misdemeanor records under certain conditions that state laws provide (C.R.S. §§ 24–72–702, 703, 705, 707, 710). These conditions include:

• The court acquitted or dismissed the case, or the charges were absent or expired
• The records involve juvenile or underage crimes, such as underage DUI or unlawful possession/consumption (UDD) convictions
• The offender satisfies the required waiting period
• The individual satisfies all penalty conditions, such as jail time and fine payment
• The offender has no prior criminal records or subsequent crimes committed within the waiting period.

However, the law does not permit expungement or sealing for the following:

• Adult DUI convictions
• Records of violent or sex crimes, such as domestic violence
• Class 1 or 2 traffic misdemeanors
• Conviction records concerning a commercial motor vehicle or a commercial driver’s license.

Individuals who qualify for expungement or sealing must wait for some time, depending on the crime. The waiting periods for sealing or expunging records are as follows:

• Two years for Class 2 and 3 misdemeanors or Level 2 drug misdemeanors
• Three years for Class 1 misdemeanors or Level 1 drug misdemeanors
• Immediately after reaching 21 years of age for underage DUI
• Five years for other offenses.

Can a DUI Be Expunged in Colorado?

Only juvenile or underage DUI records are expungeable in Colorado. Adult DUI convictions and other traffic misdemeanors and infractions cannot be expunged or sealed.

What constitutes an Infraction in Colorado?

Infractions, or petty offenses, in Colorado represent violations of any state statute or wrong conduct that the statute defines. They constitute the least severe categories of offenses in the state compared to misdemeanors and felonies.
Colorado statutes recognize two major categories of infractions:

• petty offenses
• Traffic infractions handled by the state.

These categories are further subdivided into classes.

Classes of Infractions in Colorado

Petty Offenses

Petty offenses are non-criminal violations that the court can punish with fines (up to $500) and up to 6 months imprisonment (not in correctional facilities). The classes of petty offenses are:

• Class 1 Petty Offenses - These represent the more severe petty offenses. Penalties may include fines not exceeding $500 and imprisonment not exceeding 6 months
• Class 2 Petty Offenses - These are less severe than Class 1 petty offenses. The law can punish them with fines that the statute defines, but they carry no jail term
• Drug Petty Offenses - The relevant statute states the penalties
• Unclassified Petty Offenses - The relevant statute states the penalties.

Traffic Infractions

Traffic infractions are non-criminal violations of traffic codes that the court can only punish with fines and/or other sanctions, such as the DMV adding points to a driver's license. Traffic infractions have three sub-categories:

• Class A Traffic Infractions - These are less serious than traffic misdemeanors but more serious than Class B traffic infractions. Penalties range from $15 to $100 (plus surcharge)
• Class B Traffic Infractions - These are the least serious of all traffic violations and carry the same penalties as Class A traffic infractions, meaning fines from $15 to $100 (plus surcharge)
• Unclassified Traffic Infractions - The relevant statute states the penalties.

What are some examples of infractions in Colorado?

Examples of infractions in Colorado include:

Class 1 petty offenses:

• Public indecency (first offense)
• Property theft (less than $50)
• Third-degree trespass (on non-agricultural land)

Class 2 petty offenses:

• Underage purchase of tobacco or cigarettes (or attempt)
• Selling or giving tobacco or cigarettes to minors
• Littering

Drug petty offenses:

• Possession of drug paraphernalia
• Possession of marijuana (not exceeding 2 oz)

Unclassified petty offenses:

• Violation of solid waste disposal limits
• Violation of the Restroom Access Act

Class A traffic infractions:

• Failure to yield the right-of-way
• Failure to pay tolls
• Running a red light
• Driving through a safety zone
• Underage DUI (first offense)

Class B traffic infractions:

• Allowing an unauthorized minor to drive
• Failure to wear a seatbelt
• Driving with an expired license (expiration not up to a year)

Unclassified Traffic Infractions:

• Size and weight violations
• Violation of the restriction on minor drivers.

Can Infractions be Expunged from a Colorado Criminal Court Record?

Records of most petty offenses may be expunged or sealed in Colorado. However, traffic infractions that were not underage violations may not be sealed or expunged from an individual’s criminal record.

What is Deferred Adjudication in Colorado?

Unlike some states, Colorado does not use deferred adjudication as a formal term. Instead, a comparable mechanism is the Deferred Judgment and Sentence under § 18-1.3-102 of the Colorado Revised Statutes. Per Colorado's Deferred Judgment and Sentence:

• A defendant may enter a guilty plea, but the court may postpone entering a judgment of conviction on the individual's record
• Instead of prison, the defendant is placed on a period of probation with strict conditions (for instance, a treatment program, fines, counselling, or community service).

Upon completion of court-imposed conditions, the judge dismisses the case, and no conviction is entered into the offender's record. However, if defendants do not fulfill the terms of their Deferred Judgment and Sentence, the court will convict them.
Caveats:

• Deferred Judgment and Sentence is not automatic; defendants must negotiate with the prosecutors and seek the judge's consent
• Deferred Judgment and Sentence applies only to first-time non-violent offenses
• DUI, violent crimes, and sex-related offenses are not eligible
• Record of the offense will still exist after the deferred judgment unless the offender petitions for sealing according to § 24-72-705 of the Colorado Revised Statutes.

Colorado's Deferred Judgment and Sentence applies to:

• First-time or low-level offenders
• Individuals with eligible offenses
• Defendants who enter guilty pleas
• An offender who agrees to comply with probationary conditions, such as:
  • Drug/alcohol treatment
  • Counseling or therapy
  • Restitution to victims
  • Community service
  • Regular reporting to a probation officer
• Offenders who have the consent of the prosecutor and the judge, and do not pose a public threat.

Types of Crimes Eligible for Deferred Adjudication in Colorado

Colorado's Deferred Judgment and Sentence are mainly for first-time, non-violent, non-sexual, or low-level offenses. These include misdemeanors and first-time non-violent felonies. Examples of offenses eligible for Deferred Judgment and Sentence in Colorado include:

Misdemeanors

• Theft
• Drug possession (small amounts)
• Trespassing
• Harassment
• Minor property damage / criminal mischief

Felonies (sometimes eligible, case-by-case)

• First-time non-violent:
  • Forgery
  • Drug possession (felony amount, but first-time offenses)
  • Identity theft
  • Credit card fraud or financial crimes
  • Burglary (non-violent, no weapon, nobody present/injured)

Drug Offenses

• First-time possession of Schedule I or II drugs
• Low-level intent to distribute cases (for defendants who are eligible for treatment programs)

Juvenile/Young Offender Cases

• Most first-time juvenile cases are eligible for Deferred Judgment and Sentence to encourage rehabilitation.