What Does it Mean to Have a Criminal Record Sealed in Colorado?

People often talk about “sealing” or “expunging” a criminal record as if they’re the same thing, but they’re not. When a record is expunged (and there are few situations in which that can happen), it’s erased from the system as if it never existed.

When a record is sealed, it still exists, although it’s not as readily available as it was before it was sealed. That can be helpful when applying for jobs or housing. While Colorado has laws restricting what many employers and landlords can ask about criminal history, they may eventually be able to access an unsealed record. That can lead to being rejected for jobs or housing, among other situations.

What Kinds of Records Can Be Sealed in Colorado?

Not all criminal records are eligible to be sealed in Colorado. The following are examples of records that may be sealed depending on various circumstances. If you’re unsure whether your record is eligible, contact an experienced criminal defense attorney. 

  • Arrests that don’t result in convictions or are dismissed.
  • Juvenile records, including underage driving while under the influence (DUI) convictions.
  • Petty offenses, including petty drug offenses.
  • Classes 1, 2, 3, and drug misdemeanors.
  • Levels 2, 3, and 4 drug felonies.
  • Classes 4, 5, and 6 felonies.

Note that having one of these offenses does not guarantee that a request for sealing the record will be accepted. There are waiting periods of up to five years from the date of conviction, depending on the charges, and the record must be clean during the waiting period, meaning no additional charges or convictions.

However, in recent years, Colorado law has increased the eligibility for automatic sealing of records in specific circumstances as long as the person with the record is not under supervision. Talk to your attorney to see if that may apply to you. 

When Can a Sealed Record Be Reopened?

Sealed records are generally not available to the public. However, they are available to law enforcement. What’s more, if someone receives a court order allowing them to access the record, it can be reopened for them.

They can also be accessed when someone runs a Federal Bureau of Investigation (FBI) background check. They are often required when someone applies for a job with the government (federal along with some city and state agencies), banks, law enforcement, childcare, school, or the military. Gun retailers may also request them if someone wants to buy firearms.

Another situation is if you’re charged with another crime. The prosecutor has access to sealed records and can review them to determine if they want to increase the severity of the current charges and potential sentencing.
It’s also crime victims may be allowed access to sealed records, including police records and restraining orders. This can happen when the victim legally needs them to pursue other actions.

What Is the Process for Having Criminal Records Sealed in Colorado?

If your record isn’t eligible for automatic sealing, there are two steps that need to be completed to apply for this action.

  • Collect all relevant police records and criminal history records. Your attorney can assist you with this.
  • Fill out and file the court form and pay the applicable fees (which currently range from $0 to $235). The form should be filed with the court in the county that handled the case and oversaw the conviction.

How Long Do I Have to Wait to File to Have My Record Sealed?

There are many variations on when someone can file to have their record sealed. To ensure you follow the correct timeline, contact a criminal defense attorney who can view your case and advise you. In general, the following apply, with the waiting period beginning once the case ends.

  • Immediately. Available for municipal and misdemeanor crimes committed by human trafficking victims, arrest records that don’t lead to a conviction, or underage drinking charges with a blood alcohol content of .02-.05.
  • One year. Civil infractions, petty offenses.
  • Two years. Multiple petty offenses, classes 2 and 3 misdemeanors, or drug misdemeanor or level 4 drug felonies.
  • Three years. Class 1 misdemeanor, level 3 or 4 drug felonies, classes 4, 5, or 6 felonies.
  • Five years. Multiple misdemeanors and/or level 4 drug felonies, level 2 drug felony.
  • Ten years. Multiple felonies.  

Does Having My Record Sealed Allow Me to Say I Don’t Have a Criminal History?

Legally, having your record sealed in Colorado usually allows you to state (including under oath or in job interviews) that you don’t have a record. However, there are exceptions to this. For example, when applying for various types of licensure (such as law or medical licenses), you may be required to disclose the sealed record. If you’re unsure whether you should disclose this situation to a specific organization, check with your attorney first.

What Should I Do if I Have a Criminal Record and Want to Pursue Having it Sealed?

Call The Lux Law Firm as soon as possible at 719-451-7469 to schedule a free case evaluation. We understand how frustrating and detrimental it can be to have a criminal record that can interfere with your ability to manage basic life functions, such as applying for jobs or housing. Our experienced criminal defense attorneys can review the specifics of your criminal history to determine if you’re eligible for sealing, and if so, we can help you through the process.