Our Blogs

Having a criminal record can present numerous challenges, affecting employment opportunities, housing options, and even personal relationships. Fortunately, in Colorado, individuals may have the option to seal their criminal records under certain circumstances. Record sealing offers a path to a fresh start by making past offenses inaccessible to the general public. In this blog, we will provide a comprehensive overview of the process of record sealing in Colorado, including eligibility criteria, the types of offenses that can be sealed, and the benefits of having a record sealed. Additionally, we will discuss the importance of consulting with an experienced criminal defense lawyer to navigate the record sealing process effectively.

Understanding Record Sealing:

Record sealing is a legal process that allows individuals to have certain criminal records removed from public view.  Do not confuse record sealing with an expungement.  While many people think the terms can be used interchangeably, each term has its own legally significant meaning.  When a case is sealed, the record is not completely destroyed.  It is however effectively hidden from most background checks, making it inaccessible to potential employers, landlords, and others who may inquire about a person’s criminal history. In Colorado, record sealing is governed by specific statutes and procedures outlined in the Colorado Revised Statutes (C.R.S.) § 24-72-701 et seq.

Please remember that even if your conviction(s) is sealed, the conviction does not go away.  For example, if you have a felony conviction that is sealed, you are still a convicted felon.  The most common question we receive from people looking to seal their felony conviction is whether they will get their gun rights back.  Your gun rights are not restored if you are a convicted felon and your felony conviction is sealed.  It is also the same if you have a misdemeanor domestic violence (DV) conviction.  Federal law prohibits individuals with DV convictions from possessing firearms.  Even if a Colorado court seals your DV conviction, you still cannot possess a firearm as you are still convicted of a domestic violence crime.

If a matter is expunged, the conviction in that situation does go away forever.  But do not get your hopes up because in Colorado, only certain juvenile adjudications are eligible to be expunged.  Currently, there is no statutory mechanism for adult convictions to be expunged in Colorado.

Eligibility Criteria:

To be eligible for record sealing in Colorado, individuals must meet certain criteria established by law. Generally, eligibility for record sealing depends on factors such as the nature and severity of the offense, the length of time since the conviction or completion of the sentence, and whether the individual has any subsequent criminal convictions. Misdemeanor and petty offense convictions are generally eligible for sealing after a specified waiting period, while certain felony convictions may be eligible for sealing under limited circumstances.  If someone has additional convictions that occurred after the case you’re attempting to seal, this will also affect your eligibility. However, certain offenses, such as violent crimes, sex offenses, and offenses involving children, are typically not eligible for record sealing.  Finally, if you have more than one conviction in a single case, the highest level charge will determine if and when you are eligible to seal.  For example, if you were convicted at a jury trial of 3 separate offenses and one of those offenses is not eligible to be sealed, all three of your convictions cannot be sealed.

Dismissed Cases:

If you were acquitted at a jury trial or your case was dismissed, you are eligible to seal the matters almost immediately with a few exceptions.  The main exception is that if your case was dismissed per a plea in another matter, in that situation you become eligible to petition to seal the dismissed case once you are eligible to seal the case you plead guilty in.

The Record Sealing Process:

The process of sealing a criminal record in Colorado involves several steps and requires careful attention to detail. First, individuals must file a petition with the court in the jurisdiction where the conviction occurred. The petition must include specific information, such as details of the offense, the sentence imposed, and any relevant supporting documentation. Additionally, individuals may be required to provide fingerprints and undergo a background check as part of the sealing process. Once the petition is filed, the court will review the request and determine whether the individual meets the eligibility criteria for record sealing. The Court may seal the matter without any further input, it may request input from the District Attorney’s Office before sealing, or it may set your case for a hearing on the motion to seal.

Benefits of Record Sealing:

Record sealing offers numerous benefits to individuals seeking to move past their criminal past and rebuild their lives. Perhaps most importantly, sealing a criminal record can improve employment prospects by removing barriers to job opportunities that may arise from having a criminal record. Additionally, record sealing can enhance eligibility for housing, professional licensing, and educational opportunities. Furthermore, sealing a criminal record can provide a sense of closure and relief for individuals who have worked hard to turn their lives around and deserve a second chance. Overall, record sealing can be a valuable tool for individuals seeking to move forward and achieve their goals.

Consulting with a Criminal Defense Lawyer:

Navigating the record sealing process in Colorado can be complex, and the outcome of a sealing petition can have far-reaching implications for an individual’s future. That’s why it’s crucial to consult with an experienced criminal defense lawyer who can provide guidance and representation throughout the process. A skilled attorney can assess your eligibility for record sealing, help you prepare and file the necessary paperwork, and advocate on your behalf in court. Additionally, an attorney can provide valuable insights and advice to help you understand your rights and options under Colorado law. By enlisting the services of a knowledgeable lawyer, you can increase your chances of success in sealing your criminal record and moving forward with confidence.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.