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Criminal Record Expungement in Colorado
Colorado allows for criminal record sealing or expungement in a number of cases. The length of time that has passed since the final disposition of a case and whether any further infractions have been incurred are important to determining if an expungement is available.
Colorado Expungement Laws
Colorado Revised Statute Section 19-1-306 governs juvenile expungement law. The following codes cover adult expungement or sealing of records:
- Right to Inspect and Make Copy of Criminal records 24-72-301 to 24-72-306
- Right to Challenge Information in a criminal record: 24-72-307
- Sealing Conviction 24-72-308
Misdemeanor Expungement in Colorado
Many misdemeanants in Colorado are eligible to petition for sealing of their criminal records after enough time has passed and if they have not been involved in further criminal charges.
Expunge a Felony in Colorado
Felony convictions are also allowable under the Colorado expungement laws.
DUI Expungement in Colorado
Certain substance abuse and driving infractions are disallowed under Colorado’s expungement code. It is best to discuss the particulars of any case with an attorney to assess whether this option is available, or whether there is an alternative method.
How Expungements in Colorado Work
For adult convictions, the procedure in Colorado is to petition to Seal the records and generally is only available after ten years have passed. Juveniles are subject to less strict law and can often seek an expungement much sooner than adults.
Process of Criminal Record Expungements
The first step after ascertaining whether you are eligible for an expungement is obtaining documentation of your criminal record (if you retained paperwork, then you can proceed to the next step). Obtain and fill out the forms listed below (Petition, Notice and Order forms) or have an attorney do this on your behalf. Next, file the paperwork with the court, and prepare to attend a hearing where the judge may ask you questions, protestors can be heard, and the judge will make a decision on whether to grant your request.
Conditions and Eligibility Requirements
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Eligible Juveniles |
Those found not guilty are eligible immediately; those arrested or ticketed, but no further action was taken thereafter are eligible after one year; those released unconditionally from custody or probation are eligible after four years; repeat or mandatory offenders are eligible after ten years. |
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Ineligible Juveniles |
Juveniles adjudicated for certain unlawful sexual behavior; juveniles adjudicated as aggravated offenders; juveniles adjudicated violent offenders; juveniles that received an adult sentence. |
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Eligible Adults |
An individual can file a petition to seal a criminal record if: all charges were dismissed or the individual was acquitted; no charges were filed in court and there is only an arrest record; the case was dismissed as part of a plea agreement and ten or more years have passed since final disposition and no further crimes have been charged. |
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Ineligible Adults |
The following individuals may not be eligible for expungement: those convicted for certain unlawful sexual behavior; ten years has not passed since final disposition of the case; fees or restitution are still owed; certain traffic infractions are not eligible. |
Colorado Expungement Forms
The following forms are used for filing and completing an expungement for a Juvenile in Colorado:
- JDF 302 – Petition for Expungement of Records
- JDF 303 – Notice of Hearing on Petition for Expungement
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JDF 304 – Order of Expungement of Records
While there are no specific filing fees for juveniles, expungement costs may include document copying and record search fees ($20 per document).
- JDF 417 – Petition to Seal Arrest & Criminal Records
- JDF 418 – Order to Seal Arrest & Criminal Records
- JDF 419 – Order and Notice of Hearing (Sealing of Records)
- JDF 435 – Order Denying Petition to Seal Arrest & Criminal Records
- JDF 617 – Certificate of Mailing (Sealing and Conviction Actions)
Filing fees are $224. There may be additional fees should you need to obtain criminal records, or require copying of documents. If the conviction was for controlled substances, you need to file a different set of forms. All forms for Colorado expungement are accessible at: http://www.courts.state.co.us/Forms/Index.cfm.
Common Questions about Record Expungements
Arrest Records get Expunged?
It is possible to get expungement of arrest records in Colorado, especially in the case where no further action is taken after the arrest.
Reversing a Criminal Record?
Reversing of a criminal record is limited to cases where mistake occurred in the original case, or where new evidence becomes available to prove the defendant’s innocence.
Applying for a Job after a Criminal Record Expungement in Colorado
After expungement, you can lawfully indicate that the expunged record does not exist in applying for work.
Colorado Expungement Attorney
Because the same laws apply whether you represent yourself or are represented by an attorney, you are better off seeking expungement through an lawyer familiar with the process. Having completed the process of obtaining a certificate of rehabilitation or expungement before, he will best understand how the law applies to your particular case.