In Colorado, expungement and sealing are two distinct legal processes with different eligibility requirements, different legal effects, and different practical consequences for your life. Knowing which one applies to your situation is the first step toward actually doing something about a record that may be holding you back.
The Core Difference
When a Colorado criminal record is sealed, it is hidden from public view. It will not appear on most background checks used by employers, landlords, or licensing agencies. You are legally permitted to answer “no” when asked about criminal history on most job and housing applications. But the record itself still exists. Law enforcement can still see it. It can be unsealed if you are convicted of a new offense. Courts and prosecutors can access it.
When a record is expunged, it is physically destroyed. It is treated as though it never existed. You may legally state that the incident never occurred.
That distinction matters enormously in practice. True expungement in Colorado is rare and limited to a narrow set of circumstances. For most adults with a criminal record in Colorado, sealing is the available remedy, not expungement.
Who Qualifies for Expungement
Expungement in Colorado is primarily available in three situations.
Juvenile records. Under C.R.S. § 19-1-306, juvenile delinquency records are eligible for expungement rather than sealing. This is a meaningful distinction because juvenile expungement actually destroys the records, offering a genuine clean slate for people whose contact with the justice system happened before adulthood. Eligibility and timing depend on how the case ended. Records are expunged automatically when a juvenile is found not guilty, when the case is dismissed, or when the juvenile successfully completes an alternative sentence for lower-level offenses. For other cases, the waiting period ranges from one year after completing probation to five years after release from supervision for repeat or mandatory juvenile offenders. Expungement is unavailable for juveniles adjudicated as violent or aggravated juvenile offenders under C.R.S. § 19-2.5-1125, or for convictions involving unlawful sexual behavior.
Underage drinking and driving. A conviction for underage drinking and driving (UDD) under C.R.S. § 42-4-1715 is expungeable once the person turns 21 years old, or immediately if the charges were dismissed.
Mistaken identity arrests. Under C.R.S. § 24-72-702, when a person is arrested due to mistaken identity and the district attorney never files charges, the law enforcement agency is required to petition the court for expungement within 90 days of determining the mistake was made. This is one of the only expungement mechanisms available for adults.
For adults with criminal records beyond these three categories, the path forward is sealing, not expungement.
Colorado’s Clean Slate Laws: What Changed in 2022 and 2024
Colorado significantly expanded record sealing with two pieces of legislation: SB 22-99, passed in 2022, and HB 24-1133, passed in 2024. Together these laws created a system of automatic sealing for many eligible records, phased in over several years.
The first phase, effective July 1, 2024, began automatic sealing of eligible civil infractions, petty offenses, and misdemeanor convictions. The second phase, effective July 1, 2025, extended automatic sealing to eligible low- and mid-level felony convictions. The governing statute for automatic sealing of conviction records is C.R.S. § 13-3-117.
Automatic sealing does not require any action on your part, but it is not truly instantaneous. The State Court Administrator compiles lists of eligible records quarterly, and the district attorney has the opportunity to object to automatic sealing of felony conviction records on public safety grounds. If no objection is filed, the records are sealed.
The waiting periods for automatic sealing under the current law are as follows: civil infractions require four years from the end of the case; petty offenses and misdemeanors require seven years; and eligible felonies require ten years from the end of the case or release from supervision, whichever is later.
If your record would qualify for automatic sealing but the waiting period has not yet elapsed, you can still petition for earlier sealing under the petition-based process if you otherwise meet the eligibility requirements.
What Can and Cannot Be Sealed
Not all records are eligible. The exclusions under C.R.S. § 24-72-706(2) cover a substantial portion of what most people think of as serious criminal charges.
Records that cannot be sealed in Colorado include convictions for DUI and DWAI under C.R.S. § 42-4-1301, domestic violence offenses, child abuse under C.R.S. § 18-6-401, sexual offenses under C.R.S. §§ 18-3-401 et seq., crimes of violence under C.R.S. § 18-1.3-406, Victim Rights Act felonies enumerated at C.R.S. § 24-4.1-302(1), extraordinary risk crimes under C.R.S. § 18-1.3-401(10), class 1, class 2, and class 3 felonies, and most traffic offenses and infractions.
Two of these exclusions are particularly relevant for the El Paso County population. First, DUI and DWAI convictions are permanently ineligible for sealing. Full stop. If you were convicted of DUI in Colorado, that conviction stays on your public record. Second, domestic violence convictions are also permanently ineligible for sealing, regardless of whether the offense was a felony or misdemeanor. A domestic violence conviction entered through a plea agreement carries the same permanent record consequence as one entered after a trial.
There is a narrow exception for otherwise ineligible misdemeanors, including domestic violence misdemeanors. Under C.R.S. § 24-72-706(2)(b), an ineligible misdemeanor may be sealed if the district attorney consents, or if the defendant proves by clear and convincing evidence that the need to seal the record is significant and substantial, the passage of time is such that the defendant is no longer a threat to public safety, and public disclosure is no longer necessary to protect or inform the public. This is a high bar, and there is limited case law interpreting it. It is not a guaranteed path, but it is a path worth exploring with an attorney for someone who has a single old misdemeanor domestic violence conviction and an otherwise clean record.
Arrest Records and Non-Conviction Records
Arrest records and records that did not result in conviction are treated more favorably than conviction records and are often sealable much more quickly.
Under C.R.S. § 24-72-704, arrests that did not result in charges filed are subject to automatic sealing. For arrests that occurred on or after January 1, 2022, the Colorado Bureau of Investigation automatically seals the arrest record one year after the date of arrest if no charges were filed. For older arrests, the Bureau is working through a phased schedule: arrests with no charges from 2008 to 2012 were to be sealed by January 1, 2024; arrests from 2003 to 2007 by January 1, 2025; arrests from 1997 to 2002 by January 1, 2026; and all other pre-2022 arrests with no charges by January 1, 2027. Arrest records for felony offenses with a statute of limitations of more than three years are not eligible for automatic sealing but can be sealed by petition under § 24-72-704(1).
When a case is fully dismissed, acquitted on all counts, or results in a completed diversion agreement or deferred judgment under C.R.S. § 24-72-705, the record can generally be sealed immediately through a simplified process. The judge in the underlying case can seal the record at the time of dismissal on the court’s own motion, or the defendant can file a written motion afterward using court form JDF 477. No separate civil case needs to be filed. The processing fee is $65, though this can be waived in certain circumstances.
Petition-Based Sealing for Convictions: The Waiting Periods
For conviction records that are eligible but not yet subject to automatic sealing, a defendant may file a petition to seal earlier. The waiting periods under C.R.S. § 24-72-706(1)(b) are as follows: one year from the end of the case or release from supervision for civil infractions, petty offenses, and drug petty offenses; three years for class 2 and class 3 misdemeanors and drug misdemeanors; and five years for all other eligible offenses. The clock starts from the later of the final disposition of the case or the date of release from supervision, including probation.
The petition must be filed in the court where the original conviction occurred, which for most El Paso County residents means the 4th Judicial District Court. The petition must include a verified copy of the defendant’s criminal history record dated within the last 20 days. If the offense is a Victim Rights Act crime, the district attorney is required to notify the victim, who may request a hearing.
One important administrative requirement: outstanding restitution will bar sealing of a conviction record. Under C.R.S. § 24-72-706(1)(e), conviction records cannot be sealed if the defendant still owes restitution to a victim. Unpaid fines and court costs are no longer a barrier to sealing under the 2022 and 2024 reforms, but restitution to a victim is different and must be paid in full.
What Sealing Actually Does, and What It Does Not Do
A sealed record does not disappear from every system. Law enforcement agencies retain access to sealed records. Sealed records can be considered in future criminal proceedings. Certain government background checks, including federal employment, military security clearances, and some professional licensing processes, may still surface sealed records.
Federal law operates independently of Colorado’s sealing statutes. If you have a federal conviction, Colorado sealing law does not affect it. Federal records are governed by federal law, and there is no general federal expungement statute for adult convictions.
Immigration consequences are also unaffected by sealing. A conviction that triggers deportability or inadmissibility under federal immigration law remains a problem even after the Colorado state record is sealed.
That said, for most people seeking employment, housing, or professional licensing in the private sector, a sealed record provides meaningful, practical relief. Colorado law allows a person with a sealed record to state that no criminal record exists when asked by employers, landlords, or educational institutions. That right has real value in a job market where background checks are routine.
The Practical Starting Point
If you have a prior arrest or conviction in Colorado and are wondering whether you qualify for sealing or expungement, the most useful first step is to obtain your complete criminal history from the Colorado Bureau of Investigation. That gives you a clear picture of every charge, disposition, and date of release from supervision, which is the information you need to evaluate eligibility and timing under the current statutes.
Colorado’s sealing laws have changed substantially in the last four years. Records that were not eligible under prior law may now qualify. Waiting periods that used to be longer have been shortened. Fees that once posed a barrier have been eliminated for certain categories of cases. If you looked into this once and were told you did not qualify, the answer may be different today.
At Boal Law Firm, PC, we represent clients in El Paso County facing criminal charges and those seeking to seal records from prior cases. Call us at (719) 203-6339 to schedule a consultation.