Most people searching for how to “expunge” a criminal record in Colorado are actually looking for record sealing — a different, more widely available process. True expungement (physically destroying a record so it no longer exists) is limited almost entirely to juvenile records and underage alcohol offenses. For virtually every adult case, the relevant process, and the one Colorado’s statutes actually describe, is sealing: hiding the record from public view rather than erasing it. Here’s how that process actually works under current Colorado law.
Sealing vs. Expungement: Which One Applies to You?
- Sealing removes a record from public view. Employers, landlords, and the general public running a background check will see no record. Courts, law enforcement, and prosecutors can still access a sealed record for specific legal purposes, and if you’re convicted of a new crime after your record is sealed, the sealed record can be reopened.
- Expungement physically destroys the record. In Colorado, this is largely reserved for juvenile cases and underage drinking-and-driving (UDD) records — not the typical adult criminal case.
If you were an adult at the time of your case, you’re almost certainly asking about sealing, even if “expungement” is the term you searched.
Records That Are Sealed Automatically — No Petition Needed
Under CRS 24-72-705, the court is required to seal certain records on its own, without you filing anything, when:
- The case against you was completely dismissed;
- You were acquitted of all counts;
- You completed a diversion agreement; or
- You completed a deferred judgment and sentence and all counts were dismissed as a result.
These records are sealed at no cost. If the court doesn’t do it automatically, the Colorado Bureau of Investigation is required to seal the record once it receives the case disposition, and if that still doesn’t happen, you can file a simple motion — with no fee — to have it sealed.
Petitioning to Seal a Conviction: Waiting Periods by Offense Level
If you were actually convicted, sealing is still frequently available, but you have to wait, and you have to file a motion. Under CRS 24-72-706, the waiting period (measured from the later of your final disposition or release from supervision) depends on how serious the offense was:
- 1 year: civil infractions, petty offenses, and petty drug offenses.
- 2 years: class 2 or class 3 misdemeanors, any drug misdemeanor, and certain level 4 drug felonies.
- 3 years: class 4, 5, or 6 felonies, most level 3 or level 4 drug felonies, and class 1 misdemeanors.
- 5 years: most other eligible offenses not otherwise listed.
- Municipal court convictions are handled separately under CRS 24-72-708, with their own 3-year waiting period and a motion filed in the municipal court that entered the conviction.
There’s a $65 processing fee to file a sealing motion (waived if you’re indigent or if your record should have been sealed automatically). You can only petition to seal a given case once every 12 months.
Records That Cannot Be Sealed in Colorado
Not everything qualifies. Under CRS 24-72-706(2), the following generally cannot be sealed, regardless of how much time has passed:
- DUI and DWAI convictions (violations of CRS 42-4-1301(1) or (2)) — these stay on your record permanently.
- Convictions where the underlying facts involved domestic violence (as defined in CRS 18-6-800.3) or unlawful sexual behavior.
- Class 1, 2, or 3 felonies and most crimes of violence.
- Class 1 or 2 misdemeanor traffic offenses and class A/B traffic infractions.
Some otherwise-ineligible misdemeanors and petty offenses can still be sealed if the district attorney consents, or if you can show by clear and convincing evidence that your need for sealing outweighs the public’s interest in keeping the record open — but this exception does not extend to the felony-level exclusions above.
Colorado’s “Clean Slate” Automatic Sealing
Separately from the petition process, Colorado’s automatic conviction-sealing law (CRS 13-3-117, the “Clean Slate Act”) has the state court system seal certain eligible low-level convictions on its own, with no petition or fee required — but on a notably longer timeline than petition-based sealing. Automatic sealing waiting periods are 4 years for civil infractions, 7 years for petty offenses and misdemeanors, and 10 years for eligible felonies, measured from the later of final disposition or release from supervision. Don’t confuse these with the shorter 1/2/3/5-year petition waiting periods above — a record can be petition-eligible years before it would ever be automatically sealed. The law phased in by offense level: civil infractions, petty offenses, and misdemeanors became eligible starting July 1, 2024; felonies followed starting July 1, 2025. It excludes the same categories that are excluded from petition-based sealing, including DUI/DWAI and more serious offenses. Automatic sealing can take time to catch up with older cases, so if you believe your record should already be sealed automatically and it isn’t showing as sealed, that’s worth raising with an attorney rather than assuming nothing can be done.
What a Sealing Order Actually Does — and Doesn’t Do
- It does not vacate or erase the underlying conviction — the case still legally happened.
- Once sealed, you may lawfully answer “no record exists” on most applications, and most employers/landlords cannot require you to disclose a sealed record.
- Courts, law enforcement, and prosecutors retain access for legitimate law-enforcement and licensing purposes (for example, professional licensing boards and law enforcement background checks may still see it).
- If you’re convicted of a new crime after your record is sealed, the court can order the sealed record reopened.
How to Petition: Step by Step
- Confirm eligibility — check the offense type, whether it’s excluded, and how much time has passed since final disposition or release from supervision.
- Obtain your criminal history from the Colorado Bureau of Investigation — this generally must be current as of shortly before you file.
- File the motion in the court where the case was handled, listing every records custodian who should receive the sealing order.
- Give notice to the district attorney, where required — for many misdemeanors and low-level felonies, the DA has a chance to object before the court rules.
- Attend a hearing if one is set. Many eligible cases can be sealed without a hearing if the DA doesn’t object; others require one.
- Pay the $65 fee, unless it’s waived, and confirm the sealing order is actually served on the relevant records custodians (courts, CBI, and any private background-check companies with a copy of the record).
Frequently Asked Questions
What’s the difference between sealing and expunging a record in Colorado? Sealing hides a record from public view while it still technically exists; expungement physically destroys it. Colorado’s process for the vast majority of adult cases is sealing, not expungement, regardless of which word you use to search for it.
How long do I have to wait to seal a conviction in Colorado? It depends on the offense: 1 year for petty offenses, 2 years for many misdemeanors, 3 years for most lower-level felonies and class 1 misdemeanors, and 5 years for most other eligible offenses, measured from your final disposition or release from supervision, whichever is later.
Can a DUI be sealed in Colorado? No. DUI and DWAI convictions cannot be sealed under current Colorado law, regardless of how much time has passed.
Do I automatically get my record sealed if my case was dismissed? If your case was completely dismissed, you were acquitted, or you completed a diversion agreement or a deferred judgment that resulted in dismissal, Colorado law requires the court (or the Colorado Bureau of Investigation, if the court doesn’t act) to seal that record without you filing anything or paying a fee.
Does a sealed record show up on a background check? Sealed records shouldn’t appear on standard background checks used by most employers and landlords. Certain government agencies, law enforcement, and some licensing boards may still have access for specific statutory purposes.
Can I seal more than one case at a time? Each case is generally handled through its own motion, and courts limit how often you can petition to seal the same case (once every 12 months) — but there’s no general bar on filing for multiple, separate eligible cases.
Next Steps
Whether a specific record can be sealed — and how long you have to wait — depends heavily on exactly how your case was charged and resolved. If you’re trying to figure out whether your Denver-area record qualifies, Mile High Legal offers a confidential case review to walk through the options available under Colorado law.
