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

Colorado calls it "sealing" not "expungement" — and the distinction matters. Here's who qualifies, what the 2022 Clean Slate Act changed, and how to file.

COMarch 9, 202610 min readPhoto: Andrew Patrick Photo / Pexels

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.

Not legal advice

This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.

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 discussions and rollout work for some lower-level cases, reducing how often people have to rely only on a petition
  • 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)

Colorado's newer automatic-sealing discussions sit alongside the petition process, not in place of it. If you think an automatic path may apply, verify the current court guidance. If you need action sooner or want more control over the timing, compare that path against the petition-based process and current Colorado judicial forms.

Read carefully
Automatic sealing vs. petition sealing — what you need to know
  • Colorado's automatic-sealing rollout has changed over time, so confirm the current scope on the court self-help site before relying on it.
  • Some records may still require a petition even when there is broader discussion of automatic relief.
  • If timing matters, compare any possible automatic path against the petition route and current Colorado judicial forms.
  • The Colorado courts website is the best place to verify portal availability and current implementation details.
  • Drug cases and more serious convictions often need a separate petition-based analysis.

The Colorado courts website (courts.state.co.us) has the most current information on when the automatic sealing portal is operational.

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:

May qualify
  • Arrests with no charges filed
  • Cases dismissed or declined to prosecute
  • Acquittals (found not guilty)
  • Deferred judgments upon successful completion
  • Some lower-level convictions may qualify after the required waiting period
  • Some marijuana-related records and juvenile matters follow separate relief rules
Generally does not qualify

Eligibility depends on the specific charges, not just the general offense type. A criminal defense attorney or legal aid organization can review your specific record. DUI has a separate, complicated sealing analysis — if that is your situation, get specific advice.

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.

Waiting periods

The clock starts on the date shown below — not your arrest date.

Petty offenses

Clock starts: Sentence completion date

A separate automatic-sealing path may exist for some records, so confirm the current court guidance for your case.

3 years

Class 2 & 3 misdemeanors

Clock starts: Sentence completion date

Colorado also discusses automatic relief in some situations, but the current scope should be verified on the court self-help site.

3 years

Class 1 misdemeanors

Clock starts: Sentence completion date

3 years

Class 4, 5, 6 felonies (non-violent, non-sexual)

Clock starts: Sentence completion date

Sentence completion includes any parole or probation period

7 years

Drug felonies (F4–F6)

Clock starts: Sentence completion date

Separate pathway under C.R.S. § 24-72-706(1)(f)

7 years

Arrest with no charges filed

Clock starts: Arrest date

1-year wait if DA certifies no charges will be filed; 3 years otherwise

3 years (or 1 year)

Charges filed but dismissed

Clock starts: Date of dismissal

You can petition right away after acquittal or dismissal

Immediately

Possible automatic-sealing path

Clock starts: Use the trigger listed in current court guidance

Check the Colorado courts self-help materials before you rely on an automatic path instead of petitioning.

Varies by case and current rollout
All waiting periods are under C.R.S. § 24-72-706. The clock starts on the date you fully completed your sentence — not your conviction date, not your release date if probation continued after.
Colorado State Capitol building in Denver with the Rocky Mountains in the background

Colorado sealing petitions are filed with the district court in the county where the conviction occurred.

Photo: Brett Sayles / Pexels

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.

Process

The petition process

1

Get your criminal history from CBI

1–5 days • Check current CBI pricing
Order your Colorado criminal history report from the Colorado Bureau of Investigation (CBI). You need this to confirm what is on your record and to get accurate case numbers. You can order online at cbi.colorado.gov.Tip: The online portal is faster than mailing in a request. You will need a government-issued ID.
2

Locate your court case documents

1–3 days • Free to search online
Get the case number and disposition records from the court where your case was heard. Colorado courts have an online case search at courts.state.co.us. You will need these documents to fill out your petition.
3

Fill out the petition to seal

1–2 hours • Free
Use Colorado's official JDF 638 petition form (available at courts.state.co.us). Fill it out completely — your full name, date of birth, case number, charges, and the statutory basis for your petition. Errors or missing info slow things down significantly.Tip: List every agency that has your record: the arresting police department, probation office, CBI, and any others. They all must be notified.
4

File your petition with the district court

1 day • $65–$225 (varies by county); $0 with approved fee waiver
Take or mail your completed petition to the clerk of the district court where your conviction happened. Pay the filing fee at this step. If you cannot afford the fee, ask for a fee waiver form (JDF 205) at the same clerk's window.Tip: Some counties allow filing by mail. Call ahead to confirm. Keep a copy of everything you file.
5

Wait for the DA's review period

35 days • Free
Once you file, the court notifies the District Attorney's office. The DA has 35 days to object. If they do not object, the judge may grant the sealing without a hearing. If the DA objects, the court schedules a hearing.
6

Attend the hearing (if required)

30–60 minutes • Free (attorney fees vary if you hire one)
If the DA objects — or if the judge wants more information — you will be notified of a hearing date. At the hearing, you can explain why sealing is in the interest of justice. You do not need a lawyer, but having one helps a lot if there is opposition.Tip: Bring documentation of your rehabilitation: employment records, letters of support, completion certificates for treatment or education programs.
7

Order is entered and agencies are notified

Several weeks to a few months • Free
If approved, the judge signs the sealing order and the court sends notice to the agencies tied to the case. Update timing can vary across the court system, CBI, and private screening companies, so plan to check your record later and dispute any stale entries directly if needed.Tip: Run a background check on yourself a few months later to verify everything updated. Dispute any errors directly with the background check company.
Reference
Documents you need before you file
  • Your Colorado criminal history from CBI (cbi.colorado.gov) — check current pricing
  • Court disposition documents showing case outcome (from the court where you were convicted)
  • Case number(s) for every charge you are petitioning to seal
  • Completed JDF 638 petition form (download from courts.state.co.us)
  • List of all agencies that have your record: police department, probation, CBI, etc.
  • Proof of sentence completion: discharge paperwork from probation/parole, payment receipts for fines, any treatment certificates
  • JDF 205 fee waiver form (if you cannot afford the filing fee)
  • Two copies of everything — one for the court, one for yourself

Missing documents are the most common reason petitions get delayed. Getting everything together before you file saves weeks.

Fees and fee waivers

Colorado's filing-fee range varies by court and case type. That cost is a real barrier for some people who need sealing the most.

Fee waiver available for those who cannot afford the filing fee. Request form JDF 205. Use the current Colorado judicial forms and instructions for the latest court guidance on how that request is reviewed.

There is also a separate CBI criminal-history fee, and current pricing can change. That fee goes to CBI rather than to the court, so check the CBI portal for the latest amount. For many people, the court filing fee remains the bigger barrier.

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:

Read carefully
Limits of Colorado record sealing
  • Federal records are not affected. A Colorado sealing order does not touch FBI records or any federal agency records. Federal background checks for federal jobs, federal housing, or gun purchases may still show the record.
  • Law enforcement can still see it. Police, prosecutors, courts, and correctional facilities retain full access to sealed records. Sealing is about public visibility, not erasing the record from the justice system.
  • Some licensing boards can access sealed records. Professions regulated by Colorado state boards — including law, medicine, teaching, and real estate — may be able to see sealed records during licensing reviews. Check with the specific board.
  • You must disclose in some situations. Even with a sealed record, you are generally required to disclose convictions when applying for jobs with law enforcement agencies, positions that require fingerprint-based background checks, jobs working with children, and federal employment.
  • Private background check companies may lag behind. These companies have up to 90 days to update after a sealing order. Some take longer. Run a background check on yourself after 90 days and dispute any lingering entries.
  • Immigration consequences may remain. A sealing or expungement in Colorado does not eliminate potential immigration consequences of a criminal conviction. If you are not a U.S. citizen, talk to an immigration attorney before and after sealing.

Despite these limits, sealing removes the record from the background checks most employers, landlords, and banks actually run. For most people, that is the difference between getting hired and not.

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.

Not legal advice. This guide explains how the law generally works. Your situation may be different. A lawyer who specializes in expungement can tell you how the law applies to your specific case.

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.

Reference
Free and low-cost legal resources
  • Colorado Legal Services — free civil legal help for low-income Coloradans: coloradolegalservices.org
  • Colorado Bar Association Lawyer Referral Service: cobar.org/lrs — first consultation often low-cost
  • Colorado's JusticeHelp online legal information: coloradojusticehelp.org
  • Colorado courts self-help forms and instructions: courts.state.co.us/Self_Help
  • Metro Volunteer Lawyers (Denver/Metro): metrovolunteerlawyers.org
  • Colorado Poverty Law Project: coloradopovertylaw.org
  • Rocky Mountain Immigrant Advocacy Network — if immigration status is a concern: rmilalaw.org

Colorado Legal Services has income eligibility requirements. Metro Volunteer Lawyers and the Colorado Poverty Law Project may have waitlists. Contact them early.

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 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.

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Not legal advice.

This article explains how Colorado law generally works. Your specific situation may be different. If you have multiple convictions, charges in multiple states, or have been denied before, talking to a lawyer who handles expungement is worth the cost of a consultation. Free legal aid may be available — see the resources below.