Having a criminal record can follow you for years—making it harder to get a job, rent a home, or even secure a loan. But if you’ve turned your life around, Colorado law offers ways to clear your record through expungement or record sealing. In this guide, we’ll explain how the process works, who qualifies, and how a Denver criminal lawyer can help you move forward with a clean slate.
What’s the Difference Between Expungement and Record Sealing?
Though the terms are often used interchangeably, Colorado makes a legal distinction between expungement and record sealing.
- Expungement completely erases a criminal record. It’s as if the offense never happened.
- Record sealing, on the other hand, hides your criminal record from public view, though law enforcement and courts can still access it.
In most cases, adults are eligible for record sealing, while expungement is limited to juvenile cases or a few specific scenarios.
Why Clearing Your Record Matters
A criminal record can create barriers long after your case is closed. Background checks are now routine for:
- Employment
- Housing applications
- College admissions
- Loans or credit approval
- Professional licensing
Even dismissed charges or arrests that never led to a conviction can still show up and affect your future. That’s why many people seek help from a Denver criminal lawyer to determine if they qualify to have their record sealed or expunged.
Who Qualifies for Expungement in Colorado?
Expungement is only available in limited cases under Colorado law. You may be eligible for expungement if:
- You were arrested as a juvenile and were found not guilty or the charges were dismissed.
- You completed a juvenile diversion program and met all conditions.
- You were convicted of underage possession or consumption of alcohol, and now meet the age and time requirements.
- You were arrested but never charged, and the statute of limitations has passed or law enforcement confirms charges won’t be filed.
Adults convicted of crimes are not eligible for expungement in most cases—they must instead pursue record sealing.
Who Qualifies for Record Sealing in Colorado?
The eligibility for record sealing depends on several factors, including the type of offense, the outcome of the case, and how much time has passed. You may be able to seal your criminal record in Colorado if:
- Your case was dismissed
- You were found not guilty
- You completed a deferred judgment and sentence
- You were convicted of certain low-level misdemeanors or drug offenses
- Enough time has passed since the completion of your sentence, and you’ve had no new charges
However, not all convictions can be sealed. Serious felonies, crimes involving violence, and sexual offenses are typically ineligible.
Offenses That Cannot Be Sealed
Colorado law prohibits record sealing for certain serious offenses, including:
- Class 1 and 2 felonies
- Class 3 felonies involving violence
- DUI and DWAI convictions
- Sex crimes
- Domestic violence convictions
- Crimes against children
If your record includes any of these offenses, a Denver criminal lawyer can still review your case to explore other legal options, but sealing or expungement may not be available.
How Long Do You Have to Wait?
Colorado sets different waiting periods depending on the type of case:
- Arrest without charges: Immediately eligible if the statute of limitations has run.
- Dismissed cases or not guilty verdicts: Immediately eligible.
- Deferred judgment: Eligible once the case is dismissed and conditions are met.
- Petty offenses and misdemeanors: Typically 1 to 3 years after the sentence is complete.
- Eligible felonies: Usually a 3 to 5-year waiting period.
During this time, you must not be convicted of any other criminal offense. If you are, the clock resets.
The Record Sealing Process
Here’s what the general record sealing process looks like in Colorado:
1. Gather Your Case Information
You’ll need details about your arrest or conviction, including the court, case number, charges, and disposition.
2. Determine Eligibility
Not all offenses can be sealed. Consulting with a Denver criminal lawyer can help you figure out if you qualify and avoid wasting time or filing fees.
3. File a Petition
You must file a petition in the court where the case was heard. The petition must include all required documents, notices to relevant parties (such as the district attorney), and filing fees.
4. Wait for Objections
The prosecutor has a limited time to object to your petition. If they do, the court may schedule a hearing.
5. Attend a Hearing (If Required)
At the hearing, you and your attorney can present your case and explain why sealing is appropriate. If the judge approves, they will issue an order to seal the record.
6. Distribute the Court Order
Once sealed, copies of the court’s order must be sent to all relevant agencies, including the police department, the district attorney’s office, and the Colorado Bureau of Investigation.
Benefits of Hiring a Denver Criminal Lawyer
While you can try to seal or expunge your record on your own, the process can be complex. A Denver criminal lawyer can:
- Evaluate your eligibility accurately
- Gather and file the correct paperwork
- Handle any objections from the district attorney
- Represent you at hearings
- Ensure the record is properly sealed with all relevant agencies
Even a small mistake on your petition can result in delays or outright denial. Having experienced legal help increases your chances of success and saves time.
Life After Record Sealing
Once your record is sealed:
- It won’t appear on background checks for most jobs or housing.
- You can legally answer “no” when asked if you’ve been convicted of a crime (with some exceptions).
- Your future opportunities for employment, housing, and education expand significantly.
It’s a powerful step toward rebuilding your life and putting the past behind you.
Baker Law Group: Speak with a Denver Criminal Lawyer Today
At Baker Law Group, our criminal defense team has helped countless clients across Colorado seal or expunge their criminal records. We understand how much is at stake and how hard it is to move forward with a record hanging over you. Whether your charges were dismissed, deferred, or resulted in a minor conviction, our attorneys can help determine your eligibility and guide you through the legal process from start to finish.
If you’re ready to clear your record and take back control of your future, contact a Denver criminal lawyer at Baker Law Group today.
