In Colorado, the law around “expungement” is a little different from most states. What most people call expungement is actually handled through record sealing, and true expungement is very limited.
Let’s break it down clearly so you know exactly how it works 👇
⚖️ 1. Expungement vs. Record Sealing (Very Important)
- Expungement (rare in Colorado)
= the record is destroyed/erased completely - Record sealing (common in Colorado)
= the record still exists, but is hidden from the public (employers, landlords, etc.)
👉 In most adult cases, you are looking at sealing, not expungement.
🧾 2. When Expungement IS Allowed in Colorado
Colorado law allows true expungement only in very limited situations:
- Juvenile (under 18) records
- Underage drinking and driving (UDD) offenses
- Arrests due to mistaken identity
👉 If your case doesn’t fall into one of those, you’ll need to pursue record sealing instead.
🔒 3. Record Sealing Laws (Main Option for Adults)
Colorado has detailed statutes governing sealing, including:
- C.R.S. 24-72-704 – arrest records (no charges filed)
- C.R.S. 24-72-705 – non-convictions
- C.R.S. 24-72-706–710 – conviction records
✔️ What CAN be sealed
Depending on the case, you may be able to seal:
- Arrests with no charges filed
- Cases that were dismissed or not guilty
- Some misdemeanor convictions
- Some low-level felonies (Class 4–6)
- Deferred judgments (if completed successfully)
❌ What CANNOT usually be sealed
- Serious felonies (Class 1–3)
- Most violent crimes
- Sex offenses
- Domestic violence cases
- DUI convictions
⏳ 4. Waiting Periods (General Idea)
The wait depends on the type of case:
- Immediate or short wait: dismissed or not guilty cases
- 1–3 years: petty offenses, some misdemeanors
- 3–10 years: higher misdemeanors or eligible felonies
👉 These timelines vary, so exact eligibility depends on your charge.
⚡ 5. Automatic Sealing (“Clean Slate” Law)
Colorado has expanded automatic sealing:
- Misdemeanors: automatically sealed after about 7 years
- Some felonies: automatically sealed after about 10 years
👉 Important: There can be delays, so many people still file manually to speed things up.
📝 6. How to Seal a Record (Basic Process)
- Get your criminal history
- File the correct forms with the court
- Pay filing fee (often ~$65 for convictions)
- Wait for court approval
- Send the order to agencies (police, CBI, etc.)
💡 7. What Happens After Sealing
Once sealed:
- Most employers and landlords cannot see it
- You can often legally say you were not convicted
- Law enforcement and courts can still access it
🧭 Bottom Line
- Colorado rarely allows expungement for adults
- Record sealing is the main path to clearing your record
- Many cases can be sealed, but not serious or violent ones
- New laws are making sealing more accessible and automatic
📝 How to Apply for Record Sealing in Colorado
1. ✅ Make Sure You’re Eligible
Before anything else, check:
- Your case type (dismissed, misdemeanor, felony, etc.)
- That your waiting period has passed
- You completed all terms (fines, probation, etc.)
👉 If anything is still open or unpaid, the court will deny it.
2. 📄 Get Your Criminal Record
You’ll need accurate case details.
- Go to the Colorado Bureau of Investigation (CBI)
- Request your criminal history report
💡 This helps you:
- Find case numbers
- Confirm eligibility
- Avoid filing mistakes
3. 🧾 Fill Out the Correct Court Forms
Colorado has specific forms depending on your situation:
- Arrest only (no charges)
- Dismissed/not guilty
- Conviction (misdemeanor or felony)
👉 Forms are available through the Colorado Judicial Branch website.
You’ll typically fill out:
- Petition/Motion to Seal
- Order to Seal (for the judge to sign)
4. 🏛️ File with the Right Court
File in the same court that handled your case.
- Usually district or county court
- File in person, by mail, or sometimes online
💰 Filing fee:
- About $65 for convictions
- Often free for dismissed cases
5. 📬 Notify Required Agencies (if needed)
For some cases, you must send copies to:
- District Attorney
- Arresting agency
The court forms will tell you exactly who needs notice.
6. ⏳ Wait for Review (and Possibly a Hearing)
- Some cases are approved without a hearing
- Others may require you to appear before a judge
The judge considers:
- Your behavior since the case
- Rehabilitation
- Public safety
7. 📜 If Approved — Follow Through
Once granted:
- The court issues an Order to Seal
- You may need to send it to:
- Police department
- CBI
- Other agencies
👉 This step is important. The record is not fully sealed until all agencies process it.
⏱️ How Long It Takes
- Simple cases: a few weeks
- More complex: 1–3 months (or longer if a hearing is required)
💡 Pro Tips (that make a big difference)
- ✔ Double-check your case number and dates
- ✔ Pay all fines first
- ✔ Use the correct form for your situation
- ✔ Keep copies of everything
- ✔ Follow up with agencies after approval
🧭 Simple Summary
Apply → File → Wait → Follow up
NOTE: Firearm restoration must be done through the Department of Alcohol, Tobacco and Firearms, after a pardon has been granted.