Colorado Record Sealing: Eligibility, Process, and What It Actually Does

Here is the first thing you need to know about Colorado: the state does not call it expungement. It calls it sealing. And that difference matters more than you might think. When a record is sealed in Colorado, it is hidden from public view — employers and landlords running standard background checks will not see it. But the record is not destroyed. Law enforcement can still access it, and so can certain licensing boards. If you were hoping for a clean slate where the record simply disappears, that is only available in very narrow situations in Colorado. Most people get sealing. This guide explains what that means, who qualifies, and how to do it.

Sealing vs. expungement in Colorado

Most people use "expungement" as a catch-all word for clearing a record. In many states, that works fine. In Colorado, using the wrong word with a court clerk will get you confused very quickly.

Sealing means the record is marked confidential. The public cannot see it. When you apply for a job, rent an apartment, or fill out a housing application, a standard background check will not find it. You can legally answer "no" to most questions about past convictions — with some exceptions (more on that below). But the record still exists in the system. Law enforcement agencies, criminal courts, and some professional licensing boards retain access.

Expungement in Colorado means the record is actually destroyed — it is gone. This sounds better, and it is. But Colorado only allows true expungement in very limited situations:

• You were arrested but charges were never filed, and you petition for expungement
• You completed a qualified diversion program
• Your only conviction was a marijuana offense that has since been decriminalized
• You have a juvenile record (juvenile expungement is handled separately under a different law)

Everyone else — people with adult misdemeanor or felony convictions — is working toward sealing, not expungement. That is still meaningful. A sealed record does not show up on the background checks that most employers and landlords run. For most people, sealing opens real doors.

What the 2022 Clean Slate Act changed

In 2022, Colorado passed House Bill 22-1266, known as the Clean Slate Act. It was a significant expansion of who can seal their record, and it added something new: automatic sealing — meaning some records get sealed without you having to file anything.

Here is what the Clean Slate Act did:

• Added automatic sealing for petty offenses and Class 2 and 3 misdemeanors — 7 years after case closure, with no petition required
• Expanded petition-based eligibility — more felony drug offenses became eligible, and the process for certain misdemeanors was streamlined
• Reduced waiting periods for some offense categories compared to prior law
• Created a new drug offense pathway under C.R.S. § 24-72-706(1)(f) specifically for drug felonies (Class 4, 5, and 6)

The automatic sealing piece is genuinely new for Colorado. Before 2022, everyone had to file a petition. Now, if you have a qualifying offense, the state is supposed to seal it automatically after 7 years without you doing anything. However: if you want it sealed sooner, the petition process is still open — and petitions are eligible at 3 years for misdemeanors. So filing a petition is still worth it if you need your record cleared before the 7-year automatic window.

Who qualifies — and who does not

Colorado is more generous than many states when it comes to sealing, but there are still hard limits. Violent crimes, sex offenses, and the most serious felonies are not sealable. Here is the overview:

Waiting periods

The waiting period is how long you have to wait after finishing your sentence before you can file a petition. "Finishing your sentence" means completing everything — jail time, probation, parole, fines, and any other conditions. The clock does not start until all of that is done.

How to file a petition to seal your Colorado record

Colorado does not have a single unified filing portal for record sealing. You file your petition with the district court in the county where your conviction happened. Here is the process step by step.

Fees and fee waivers

Filing fees in Colorado vary by county and case type. You should expect to pay somewhere between $65 and $225 to file your petition. That is a real expense, and it stops a lot of people who need sealing the most.

Fee waivers are available. If you cannot afford the filing fee, you can ask the court for a fee waiver using form JDF 205 (Application for Waiver of Court Fees). The court will review your income and expenses. If you are at or below 250% of the federal poverty level, you are likely to qualify. You can pick up this form at the clerk's window when you go to file, or download it from courts.state.co.us.

There is also the $6.85 CBI background check fee. That one is not waivable — it goes to CBI directly, not to the court. But $6.85 is manageable for most people. The filing fee is the bigger barrier, and that one has a waiver process.

If you work with a nonprofit legal aid organization (see the resources below), they may be able to help you with the fee waiver paperwork and potentially represent you at no cost.

What sealing does not do

Sealing is powerful, but it is not perfect. Before you get your hopes up, know these limitations:

Marijuana offenses — Colorado's special rules

Colorado has a specific pathway for marijuana convictions, and it deserves its own section because a lot of people search specifically for this.

Under C.R.S. § 24-72-708, people convicted of marijuana-related offenses that have since been decriminalized or legalized may be able to get their records expunged — not just sealed. This is actual destruction of the record, not just hiding it.

Colorado legalized recreational marijuana in 2012. If your only conviction was for an offense related to marijuana that is now legal or decriminalized (like simple possession under the current legal limit), you may qualify for expungement under this statute. The amount matters — the offense must fall within what is now legal under Colorado law.

The process is similar to standard sealing: you petition the court, pay the filing fee (or apply for a waiver), and the court reviews your petition. But the outcome, if approved, is expungement — the record is actually destroyed.

Some Colorado counties and the City of Denver have also done automatic or batch expungements of certain marijuana convictions without people having to petition. If you had a marijuana conviction in Denver, it is worth checking whether it was already expunged through one of those processes.

The District Attorney's role — and why county matters

Colorado's sealing process gives District Attorneys 35 days to object to your petition. This is not just a formality. Colorado DAs have real discretion, and they use it differently depending on the county.

Denver and Boulder have historically been more progressive about supporting sealing petitions. Rural and more conservative counties may see more DA objections. That does not mean you should not file if you live in a challenging county — you still might win. But it does mean that if your petition gets a DA objection and you have a hearing, having a lawyer in your corner makes a real difference.

If the DA objects, the hearing is your chance to show the judge that sealing is "in the interest of justice." Come prepared. Bring evidence of what you have done since the conviction: steady employment, community involvement, completion of any required programs, letters from people who know you. Judges have discretion here, and the more you can show rehabilitation, the better.

Free and low-cost legal help in Colorado

You do not need a lawyer to file a sealing petition. The process is designed to be accessible to people who represent themselves. But if your petition is complicated — multiple convictions, a DA who objects, or you are not sure if you may be eligible — free legal help is available.

Start here

If you think you might qualify to seal your record in Colorado, the best first step is to get your criminal history from CBI (cbi.colorado.gov) so you know exactly what is on your record and when your sentence was completed. That $6.85 report gives you the information you need to figure out your waiting period and whether your record may be eligible.

From there, the Colorado courts self-help center at courts.state.co.us has the petition forms (JDF 638) and fee waiver forms (JDF 205) available for free download, along with instructions. The process is manageable if you take it one step at a time.

Your record does not define you. Colorado's sealing law exists because the state recognizes that people deserve a real chance to move forward. If you may be eligible, use it.