Colorado Record Sealing and Expungement: Eligibility and Process
Colorado's statutory framework for record sealing and expungement governs when and how criminal history records can be restricted from public access or destroyed entirely. These are distinct legal remedies operating under separate statutes, with eligibility criteria that vary by offense type, disposition outcome, and elapsed time. The Colorado expungement and sealing laws framework directly affects employment screening, housing applications, and professional licensing decisions for hundreds of thousands of Coloradans with prior criminal contacts.
Definition and Scope
Record sealing restricts a criminal record from public view but does not destroy the underlying file. Sealed records remain accessible to law enforcement, courts, and certain licensing authorities. Expungement, by contrast, results in the physical destruction or complete removal of records — a remedy available primarily in juvenile cases under Colorado law.
The governing statutes are codified at C.R.S. § 24-72-701 through 24-72-709 (record sealing of criminal justice records) and C.R.S. § 19-1-306 (juvenile record expungement). The Colorado Bureau of Investigation (CBI) maintains the central repository of criminal history records subject to these proceedings, and any sealing order must be served on the CBI to take statewide effect (Colorado Bureau of Investigation).
Scope of this page: This reference covers Colorado state-level criminal records processed through Colorado district courts and county courts. It does not address federal criminal records, which fall under a separate federal framework administered by the U.S. Department of Justice. Records held by the Colorado Office of Administrative Courts, municipal courts with independent record systems, or tribal courts are not uniformly governed by C.R.S. § 24-72-701 and may require separate sealing petitions under their own rules. For the broader regulatory environment governing Colorado courts, see Regulatory Context for the Colorado Legal System.
How It Works
The sealing process under C.R.S. § 24-72-705 proceeds through a structured petition workflow filed in the court where the original criminal proceeding occurred. Below is the standard procedural sequence for adult criminal record sealing:
- Eligibility determination — The petitioner or their attorney reviews the specific conviction, charge, or arrest against the statutory eligibility criteria by offense type and waiting period.
- Petition filing — A petition to seal is filed with the district or county court of origin. Filing fees vary by court; many Colorado district courts charge between $65 and $224 for civil filing, though exact figures are set by individual courts (Colorado Judicial Branch Fee Schedule).
- Prosecution notice — The district attorney's office receives notice and has a statutory period to object.
- Hearing (if contested) — If the prosecution objects, a hearing is scheduled. Uncontested petitions may be granted without a hearing.
- Court order issuance — Upon approval, the court issues a sealing order directed to all named custodians of record.
- CBI notification — The order is transmitted to the Colorado Bureau of Investigation for statewide record annotation.
- Repository updates — Individual law enforcement agencies and courts of record update their systems in accordance with the court order.
For juvenile expungement under C.R.S. § 19-1-306, the petition goes to the juvenile court that handled the original case, and successful orders result in record destruction rather than restriction. The Colorado juvenile court system operates with distinct procedural rules that apply to these petitions.
Common Scenarios
Arrest without conviction: Under C.R.S. § 24-72-702, arrest records where no charges were filed or charges were dismissed are generally eligible for sealing with no waiting period after case closure. This is among the most accessible sealing categories.
Petty offense and municipal violations: Convictions for petty offenses — defined under Colorado law as offenses carrying a maximum penalty of 10 days jail and/or a $300 fine — became eligible for sealing under 2019 amendments to C.R.S. § 24-72-706 after a 1-year waiting period following case closure.
Drug offenses: Controlled substance convictions have a tiered waiting structure. Eligible drug felonies carry a 3-year waiting period from final disposition or release from supervision, whichever is later. Drug misdemeanors require a 1-year waiting period. Not all drug offenses qualify; convictions involving distribution to minors are excluded.
Convictions for other misdemeanors and felonies: Colorado expanded sealing eligibility through House Bill 19-1275, which established waiting periods of 2 years (misdemeanors) and 3 years (class 4, 5, and 6 felonies) after final disposition. Class 1, 2, and 3 felonies and crimes involving unlawful sexual behavior are categorically excluded from sealing eligibility.
Deferred judgments: Successful completion of a deferred judgment and dismissal of charges renders the record eligible for sealing immediately upon dismissal, because no conviction is entered on the record.
A full reference for Colorado criminal procedure provides additional context on how underlying case outcomes interact with sealing eligibility.
Decision Boundaries
The primary distinction between sealing and expungement in Colorado is age-based: expungement with record destruction is a remedy reserved almost exclusively for juvenile records. Adults seeking relief receive sealing — restriction from public access — but not destruction of the underlying record.
The secondary distinction is offense-based:
| Category | Sealing Eligible | Waiting Period |
|---|---|---|
| Arrest/no charge | Yes | None |
| Petty offense conviction | Yes | 1 year |
| Drug misdemeanor | Yes | 1 year |
| Drug felony (eligible) | Yes | 3 years |
| Class 4–6 felony | Yes | 3 years |
| Class 1–3 felony | No | N/A |
| Unlawful sexual behavior | No | N/A |
Individuals with pending criminal proceedings in any Colorado court are ineligible to file a sealing petition until all cases conclude. Those subject to active supervision — probation or parole — must generally wait until supervision terminates before the statutory waiting period begins.
The Colorado Judicial Branch provides self-represented litigants with standardized petition forms (Colorado Judicial Branch Self-Help Resources), and the Colorado self-represented litigants framework outlines how courts accommodate pro se filers in these proceedings. The service sector landscape for this area of law — including legal aid providers, pro bono programs, and court-based clinics — is indexed on the Colorado Legal Services Authority index.
References
- Colorado Bureau of Investigation (CBI) — central criminal history repository; executes statewide sealing orders
- Colorado Revised Statutes § 24-72-701 through 24-72-709 (Record Sealing) — primary adult sealing statutes
- Colorado Revised Statutes § 19-1-306 (Juvenile Record Expungement) — governing statute for juvenile expungement
- Colorado Judicial Branch — Court Fees — official filing fee schedules by court
- Colorado Judicial Branch — Self-Help Center — standardized petition forms and procedural resources
- Colorado General Assembly — House Bill 19-1275 — 2019 legislation expanding sealing eligibility categories