Expunging or Sealing Adult Criminal Records in Colorado

In Colorado, it is usually not possible to expunge or "seal" a conviction from your criminal record, even if you have completed probation. There are, however, exceptions, for municipal violations, petty offenses, crimes involving controlled substances, and a few other specific offenses. (Colorado Statutes §§ 24-72-704 to 24-72-710 (2019).)

If you were arrested but released without being charged with a crime, or were arrested and charged with a crime but not convicted, you can probably have your records sealed. After sealing, it is as though the arrest or charge never occurred, and you generally don't have to disclose the information if you are asked about it. (Colorado Statutes §§ 24-72-702, 24-72-702.5, 24-72-703 (2019).)

Here is a summary of Colorado's laws governing expungement of adult criminal records.

Expungement of Criminal Records in Colorado if You Were Not Convicted

You may petition to have your criminal record sealed if:

• you were arrested but not charged with a crime and the statute of limitations has run
• you were arrested but not charged with a crime and are no longer being investigated for the offense
• the case against you was dismissed
• you completed a diversion program, or
• you were found not guilty of the charges brought against you.

There are some exceptions to this rule. If you were not charged because of a plea agreement in another case or you have failed to meet all the conditions of your sentence, your record won't be sealed. If your case was dismissed because of a plea agreement in another case, your record cannot be sealed unless you wait ten years after the disposition of your case to apply. You must not have been charged with any other crimes in that ten year period in order to be eligible.

Sealing is not possible for records concerning:

• Class 1 or 2 misdemeanor traffic offenses
• Class A or B traffic infractions
• convictions for driving under the influence
• convictions for offenses based on unlawful sexual behavior, or
• convictions involving the holder of a commercial driver's license or the operator of a commercial motor vehicle.

(Colorado Revised Statutes § 24-72-702 (2019).)

CASES OF MISTAKEN IDENTITY

If you were arrested as a result of mistaken identity but not charged with a crime, your record is eligible for expungement. Within 90 days after your arrest, the arresting law enforcement agency must file an expungement petition with the district court, stating that your arrest was due to mistaken identity and that no charges were filed. The court must expunge the record within 90 days of the filing. (Colorado Revised Statutes § 24-72-701.5 (2019).)

Expungement of Conviction Records for Offenses Involving Controlled Substances (on or after July 1, 2008 and before July 1, 2011)

If you were convicted of an offense involving a controlled substance and you have satisfied all the conditions of your sentence, you may petition to have your records sealed if:

• it has been at least ten years since the end of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later, and
• you have not been charged with or convicted of a crime during that ten year period.

There are some limitations on the types of controlled substance offenses that may be sealed under this law. Carefully read Colorado Statutes § 24-72-704 (2019) or consult a criminal law attorney.

Expungement of Conviction Records for Offenses Involving Controlled Substances (on or after July 1, 2011)

If you were convicted of an offense involving a controlled substance and you have satisfied all the conditions of your sentence, you may petition to have your records sealed if the offense is:

• a petty drug offense; and it has been at least one year since the end of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later
• a Class 2 or 3 misdemeanor or a Level 2 drug misdemeanor; and it has been three years since the end of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later
• a Class 1 misdemeanor or a Level 1 drug misdemeanor; and it has been five years since the end of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later
• a Level 4 drug felony or a Class 5 or 6 felony drug possession offense; and it has been seven years since the end of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later
• another drug offense, and it has been ten years since the end of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later.

Carefully read Colorado Statutes § 24-72-705 (2019) or consult a criminal law attorney to find out if the law applies to your specific circumstances.

Expungement of Conviction Records for Petty Offenses or Municipal Violations

If you were convicted of a petty offense or a municipal violation, you may petition to have your record sealed if it has been at least three years since the end of all criminal proceedings against you or your release from supervision concerning a criminal conviction, whichever is later. If the record you wish to seal involves domestic violence, you must not have been charged with or convicted of a felony, misdemeanor, or misdemeanor traffic offense during the three-year waiting period in order to qualify. All other petty offenses or municipal violation conviction records can be sealed even if you have had a conviction during the waiting period, if:

• the intervening conviction was not for a felony
• the intervening crime did not involve domestic violence, child abuse, or sexual assault or abuse, and
• you were not convicted of another felony, misdemeanor, or misdemeanor traffic offense in the ten years before the final disposition of the intervening case or your release from supervision in the intervening case, whichever is later.

Conviction records for misdemeanor traffic offenses committed while you were the holder of a commercial driver's license or operating a commercial motor vehicle cannot be sealed.

(Colorado Statutes § 24-72-708 (2019).)

Expungement of Conviction Records for Other Offenses

Victims of human trafficking and prostitution crimes. If you were convicted of prostitution, soliciting for prostitution, keeping a place of prostitution, or public indecency as a result of having been a victim of human trafficking, you may petition to have your record sealed. (Colorado Statutes § 24-72-706 (2019).)

Posting a private image for harassment or pecuniary gain offenses. If you were convicted of posting a private image for harassment or pecuniary gain (often referred to as "revenge porn" crimes), you may petition to have the record sealed if you have satisfied all terms of your sentence and have not been convicted of another crime for at least five years after the completion of your sentence. (Colorado Statutes § 24-72-709 (2019).)

Decriminalized marijuana use or possession misdemeanors. If you were convicted of a misdemeanor offense for the use or possession of marijuana that would not have been a crime on or after December 10, 2012, you may petition to have the related record sealed. (Colorado Statutes § 24-72-705 (2019).)

Expungement of DNA Evidence or Other Biological Substance Records in Colorado

If a law enforcement agency collected a biological sample from you while investigating a crime, you can petition to have that evidence expunged in some circumstances. Consider a petition for expungement if:

• the charges against you were dismissed
• you were acquitted of the crime, or
• the charges resulted in a conviction other than a felony.

This law does not apply if you were arrested, charged with, or convicted of a separate offense for which collection of a biological sample was permitted. (Colorado Revised Statutes § 16-23-105 (2019).)

For More Information

You can find the official Petition to Seal Arrest & Criminal Records at the Colorado Courts website. But be aware that cleaning up your criminal record can be complicated, and the law can change at any time. To learn more about expunging criminal records in Colorado—and to discuss your personal circumstances—you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way.