The record-sealing process typically involves three key steps:

1. Obtain copies of your past police records and your criminal history,
2. File the applicable court forms, and
3. Pay the filing fee.

Once a criminal record is sealed, it generally no longer appears on background checks. Record seals can significantly improve your prospects for

• jobs,
• housing and
• other benefits.

If the court grants a record seal, you can legally deny ever having been arrested or convicted of a crime (with rare exceptions).

1. Sealing versus Expungement

Sealing makes your criminal record invisible. The records are made unavailable, but law enforcement and prosecution entities still have access.

Expunging is the destruction of criminal records. As explained below, Colorado permits expungement for juvenile offenses only and underage drinking and driving convictions.

2. Advantages

Many employers will not consider you for a job if you have a criminal record. Therefore, having a record seal vastly improves your job prospects.

Having a criminal record may also be socially stigmatizing, so a seal puts you on a more equal footing with others.

Most criminal records can be sealed in Colorado.

3. Eligibility

Whether you are qualified for a record seal in Colorado depends on the following factors:

• the type of criminal offense,
• whether you were ultimately convicted,
• your age, and/or
• when the case was dismissed or closed

Note that a criminal case is considered “closed” once there has been a final disposition and you completed all the sentencing terms.

4. Arrest Records with No Convictions

An arrest is just the beginning of a criminal case, and many arrests never result in a conviction. You may be eligible to have your arrest records sealed right away in any of the following situations:

• You were arrested but not ultimately charged with a crime;
• Your case was eventually dismissed (which means there was no conviction); and/or
• You were acquitted (found “not guilty”) of the charge(s).

Also note that when you plead guilty to most offenses as part of a deferred judgment, you are eligible for a record seal once you have successfully completed it and the case gets dismissed.

Convictions

Convictions are potentially sealable unless they are:

• Class 1 felonies
• Class 2 felonies
• Class 3 felonies
• Level 1 drug felonies
• Sex crimes
• DUIs
• Domestic violence convictions (including domestic violence harassment)
• Class 1 misdemeanor traffic offenses
• Class 2 misdemeanor traffic offenses
• Class A traffic infractions
• Class B traffic infractions
• Crimes involving a commercial driver’s license
  
  

5. Felony Records

The only felony convictions that can be sealed in Colorado are

• class 4 felonies,
• class 5 felonies, and
• class 6 felonies, as well as
• level 2 drug felonies,
• level 3 drug felonies, and
• level 4 drug felonies.

The waiting period to petition for a felony record seal is three years after the case ends, except for level 2 drug felonies with a five-year wait.

Unsealable Colorado felony convictions include

• sex crimes,
• DUIs,
• domestic violence,
• level 1 drug felonies, and
• class 1-,
• class 2-, and
• class 3 felonies.

However, any felony charge that gets dismissed can be sealed immediately.

6. Wait Times

Assuming all other requirements are met, the waiting periods for petitioning for a record seal or expungement are spelled out in the following table.

7. The Process

Typically, the process of getting a Colorado record seal involves the following steps:

1. Obtain records. First, get a copy of your criminal records from the law enforcement agency.
2. Obtain criminal history. Next, you may have to get a current verified copy of your criminal history from the Colorado Bureau of Investigations (CBI).
3. Complete the appropriate forms. Third, fill out the appropriate petition to seal forms.
4. File the petition. Once the forms are filled out, file them with the appropriate court (which is usually the court where the case occurred). For example, a criminal case heard in Denver District Court could also be sealed by that same court.
5. Court reviews the petition. The court will then either accept or deny the petition. In some cases, the court will schedule a hearing before deciding whether to issue a court order to seal.
6. Send orders to agencies. If the judge issues an order to seal, you then send copies to all of the agencies that have your criminal records on file (such as the police department and the CBI).

Unless you seal or expunge your record, it will always remain a public record. Anyone who does a simple internet search can see when and what you were arrested for and the disposition of your case. Most people would like to keep this part of their lives a secret as it may be rather embarrassing.

Your criminal record may come up in job applications, home loans, scholarship or college applications, and applications for firearms purchases, and it might affect social relationships. Your criminal past does not have to impact your future and limit your freedom negatively.

Beck Law is a top sealing and expungement attorney in Colorado and can help you grow in your career, your life and allow you to move forward beyond your past mistakes.

At Beck Law, Denver’s best Criminal Defense Lawyer, we can review your criminal history with you and determine if your situation is eligible for sealing or expungement. We will ensure all the necessary paperwork has been completed thoroughly and verify that the sealing has been recorded (if granted) and sent to the appropriate agencies.