The terms “expunging” and “sealing” are often used interchangeably because both processes lead to the same result: Your criminal record no longer coming up on background checks.
However, expunging is technically different from sealing.
When a criminal record gets expunged in Colorado, it is physically destroyed. There is no trace of the record left for anyone to find.
In contrast, sealing a criminal record merely makes the record invisible on background checks. The record itself remains physically intact.
In Colorado, some criminal records can be sealed, and others can be expunged. Certain records can neither be sealed nor expunged and must remain on your record forever.
The chart below compares and contrasts expungements and seals in Colorado.
|
COLORADO LAW |
Expungement |
Sealing |
| Eligible Crimes |
|
Any offense prosecuted in criminal court that is not listed below |
| Ineligible Crimes |
|
|
| Waiting Time |
No wait to 5 years depending on the case | No wait to 10 years depending on the case |
| Filing Fees |
None | $224 for arrest records where there were no charges
$65 to seal a charge or a conviction $235 to seal multiple convictions |
Which records can be expunged?
The only records that can be expunged in Colorado are:
- juvenile records,
- underage drinking and driving (UDD) records, and
- arrest records if you were wrongly arrested because of mistaken identity.
Juvenile records
You can petition for an expungement of your juvi records immediately if the charges get dismissed. Otherwise, the wait time to expunge your juvenile records is:
- 1 year after you successfully finish probation or your contact with law enforcement did not lead to a referral to another agency;
- 3 years after you get an unconditional release from parole supervision or from a commitment to the Department of Human Services; or
- 5 years after you get released from your sentence as a repeat offender or mandatory offender.
Click here for instructions on expunging your juvenile delinquency record in Colorado.1
UDD records
You can petition for an expungement of your underage drunk driving records immediately if the charges get dismissed. Otherwise, UDD convictions are expungeable once you turn 21 years old.
Click here for instructions on expunging your UDD record in Colorado.2
Mistaken identity
If you get arrested because of mistaken identity – and the D.A. never brings charges – the police must ask for an expungement within 90 days of learning of its mistake.3
Which records can be sealed?
Any criminal case in Colorado – no matter how serious – will be sealed right away if it results in a dismissal.4 The majority of municipal and misdemeanor crimes committed by victims of human trafficking can be sealed immediately as well.5
However, convictions for the following criminal charges can never be sealed from your record:
- Class 1 felonies, class 2 felonies, and class 3 felonies
- Level 1 drug felonies
- Sex crimes
- DUIs
- Domestic violence convictions (including domestic violence harassment)
- Class 1 misdemeanor traffic offenses and class 2 misdemeanor traffic offenses
- Class A traffic infractions and class B traffic infractions
- Offenses involving a commercial driver’s license6
The waiting period to seal all other criminal convictions depends on the seriousness of the offense:
| Colorado conviction | Waiting period for record seal |
| Petty offense or petty drug offense | 1 year after the case ends |
| Multiple eligible petty offenses and/or petty drug offenses
Drug misdemeanor |
2 years after the last case ends |
| Class 4 felony | 3 years after the case ends |
| Multiple eligible misdemeanors, misdemeanor drug offenses, and/or level 4 drug felonies
Level 2 drug felony or any other eligible offense |
5 years after the last case ends |
| Multiple eligible felonies and/or drug felonies | 10 years after the last case ends 7 |
Click here for instructions on sealing your criminal records. See our related article, How much does it cost to seal a record in Colorado?
The most serious criminal convictions can never be sealed.
Related Articles
- Can you seal a felony record in Colorado?
- How long does a DWAI stay on your record in Colorado?
- How can I get an expungement of a domestic violence conviction in Colorado?
- What’s the difference between “sealing” and “expunging” criminal records in Colorado?
