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| Clearance policy overview | Records relating to municipal violations or petty offenses may be sealed by the court ten years after the date of the final disposition of all criminal proceedings against the petitioner for the subsequent criminal case or ten years after the date of the petitioner's release from supervision for the subsequent criminal case, whichever is later. C.R.S. § 24-72-708(3)(b); C.R.S. § 24-72-708(2). | A motion filed for the sealing of conviction records for an offense that was unlawful at the time of conviction, but is no longer unlawful pursuant to section 18-18-434, may be filed at any time. The court shall order the records sealed unless the district attorney objects. C.R.S. 24-72-706(f.5)(I). | Records relating to a case dismissed upon successful completion of a diversion agreement pursuant to section 18-1.3-101 are sealed by the court immediately. Colo. Rev. Stat. § 24-72-705(1)(a)(III). | Records relating to a case dismissed upon successful completion of the conditions of a deferred judgment and sentence pursuant to section 18-1.3-102 are sealed by the court immediately. Colo. Rev. Stat. § 24-72-705(1)(a)(IV). | Records relating to a first-time underage possession or consumption of alcohol case that is dismissed upon successful completion of a deferred judgement, diversion, or court-ordered substance use education program and for which all fines and feeds have been paid pursuant to section 18-13-122(4)(a) are immediately sealed by the court. Colo. Rev. Stat. § 18-13-122(13)(a). | Records relating to a second or subsequent conviction for underage possession or consumption of alcohol can be sealed by the court one year after conviction if the petitioner has not been arrested, charged, or convicted of any felony, misdemeanor, or petty offense since the date of that conviction. Colo. Rev. Stat. § 18-13-122(13)(b). | Records relating to a case that was completely dismissed or that ended with acquittal on all counts are sealed by the court immediately. C.R.S. § 24-72-705(1)(a). | Records relating to a finding of not guilty or a dismissal of charges are returned by the State Police Bureau of Identification, copies are destroyed, and electronic images are deleted, so long as the person has no prior criminal convictions. Conn. Gen. Stat. § 29-15(a). | Records relating to a case for which a nolle prosequi was entered are returned by the State Bureau of Identification within 60 days after 13 months, so long as the person has no prior criminal convictions. Conn. Gen. Stat. § 29-15(a)(1). | Records relating to an offense that has since been decriminalized can be ordered destroyed by a court at any time. Conn. Gen. Stat. § 54-142d. | Records relating to a conviction for prostitution pursuant to section 53a-82 that occurred as a result of the petitioner having been a victim of human trafficking can be vacated by the court. Conn. Gen. Stat. § 54-95c. | Records relating to an offense for which an absolute pardon has been granted are erased. Conn. Gen. Stat. § 54-142a(d)(2). | Records relating to possession of marijuana will be erased by the court. Conn. Gen. Stat. § 54-142v(a). | Records relating to possession with intent to use drug paraphernalia to store, contain or conceal, or to ingest, inhale or otherwise introduce into the human body, marijuana, will be erased by the court. Conn. Gen. Stat. § 54-142v(a). | Records relating to manufacturing, distributing, selling, prescribing, compounding, transporting with the intent to sell or dispense, possessing with the intent to sell or dispense, offering, giving, or administering to another person a marijuana-type substance and involving less than or equal to four ounces or six plants grown inside such person's own primary residence for personal use, may be erased by the court. Conn. Gen. Stat. § 54-142v(a). | Police, court, and state's attorney records pertaining to certain misdemeanor convictions will be erased. Conn. Gen. Stat. § 54-142a(e)(1). | The records relating to police, court, and state's attorney records pertaining to a class D or E felony or an unclassified felony carrying a term of imprisonment of not more than five years will be erased by the court after 10 years. Conn. Gen. Stat. § 54-142a(e)(1). | Records relating to offenses dismissed after the completion of certain deferred adjudication programs are erased upon dismissal. Conn. Gen. Stat. §§ 54-56e, 46-38c(h), 29-33(h), 54-142a. | Police, court, and state attorney records relating to a finding of not guilty or a dismissal are erased upon affirmance after appeal or when the time to appeal has expired. Conn. Gen. Stat. § 54-142a(a)(b). | Police, court, and state's attorney records relating to a case for which a nolle prosequi was entered are erased within 13 months. Conn. Gen. Stat. § 54-142a(c). |
| Ineligible Category or Citation | The petitioner is ineligible for sealing if: (a) The petitioner has been charged with or convicted of a felony, misdemeanor, or misdemeanor traffic offense since the date of the final disposition of all criminal proceedings against the petitioner or the date of the petitioner's release from supervision, whichever is later; and (b) The conviction records sought to be sealed are for a misdemeanor traffic offense committed either by a holder of a commercial learner's permit or a commercial driver's license, as defined in section 42-2-402, or by the operator of a commercial motor vehicle, as defined in section 42-2-402.C.R.S. C.R.S. § 24-72-708(2). | A defendant petitioning under this section is not required to submit a copy of their criminal history. C.R.S. 24-72-706(f.5)(III)(B). | There is no statutory language on ineligibility. | There is no statutory language on ineligibility. | This section applies only to first-time convictions of underage possession or consumption of alcohol pursuant to Colo. Rev. Stat. § 18-13-122(3).. | This section applies to second or subsequent convictions of underage possession or consumption of alcohol pursuant to Colo. Rev. Stat. 18-13-122(3). | There is no statutory language on ineligibility. | No statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | This section applies only to prostitution convictions pursuant to section 53a-82. | No statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | Ineligible offenses include any conviction designated as a family violence crime, as defined in section 46b-38a; (B) A nonviolent sexual offense or a sexually violent offense, each as defined in section 54-250; (C) Certain class D felony offenses; (D) Class A misdemeanor offense that is a violation of section 53a-61a, 53a-64cc or 53a-323; or (E) An offense for which the defendant has not served or completed serving the sentence imposed for such offense, including any period of incarceration, special parole, parole or probation, unless and until the applicable time period prescribed in subdivision (1) of this subsection has elapsed and the defendant has completed serving such sentence. See Conn. Gen. Stat. § 54-142a(e)(2). | Ineligible offenses include any conviction designated as a family violence crime, as defined in section 46b-38a; (B) A nonviolent sexual offense or a sexually violent offense, each as defined in section 54-250; (C) Certain class D felony offenses; (D) Class A misdemeanor offense that is a violation of section 53a-61a, 53a-64cc or 53a-323; or (E) An offense for which the defendant has not served or completed serving the sentence imposed for such offense, including any period of incarceration, special parole, parole or probation, unless and until the applicable time period prescribed in subdivision (1) of this subsection has elapsed and the defendant has completed serving such sentence. See Conn. Gen. Stat. § 54-142a(e)(2). | No statutory language regarding ineligible offenses. | See Conn. Gen. Stat. § 54-142a(j). | See Conn. Gen. Stat. § 54-142a(j). |
| Clearance Process | Petition-based | Petition-based | Automatic | Automatic | Automatic | Petition-based | Automatic | Automatic | Automatic | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Automatic | By petition or court's own motion |
| Waiting Periods | There is a 10-year waiting period. | There is no waiting period. | There is no waiting period. | There is no waiting period. | The case is sealed immediately upon dismissal. | The petition can be filed one year after conviction. | There is no waiting period. If, however, a criminal offense is dismissed because of a plea agreement in a separate case, the records are eligible for sealing when the conviction records in the separate case are eligible. C.R.S. § 24-72-703(12)(a)(II). | There is no statutory language regarding a waiting period. | The records are returned within 13 months. | The petition can be filed at any time. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | There is no statutory language regarding waiting periods. | There is no statutory language regarding waiting periods. | There is no statutory language regarding waiting periods. | There is a 7-year waiting period. | There is a 10-year waiting period. | There is no statutory language regarding a waiting period. | The public records are erased upon affirmance after appeal or expiration of time to appeal. | The public records are erased within 13 months of the entry of a nolle prosequi. |
| Fees | Upon filing the petition, the petitioner shall pay the filing fee required by law. C.R.S. § 24-72-708(4). | A fee may not be charged when filing under this subsection. C.R.S. 24-72-706(f.5)(III)(A). | There is a processing fee of $65, which the court can waive upon a determination of indigency. C.R.S. § 24-72-705(2)(a). | There is a processing fee of $65, which the court can waive upon a determination of indigency. C.R.S. § 24-72-705(2)(a). | There are no filing fees. | The petitioner must pay to obtain the criminal record. Colo. Rev. Stat. § 18-13-122(13)(b). | There is a processing fee of $65, which the court can waive upon a determination of indigency. C.R.S. § 24-72-705(2)(a). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | No fee may be charged, see Conn. Gen. Stat. § 54-142v(a)(4). | No fee may be charged, see Conn. Gen. Stat. § 54-142v(a)(4). | No fee may be charged. Conn. Gen. Stat. § 54-142v(a)(4). | No fee may be charged, see Conn Gen. Stat. § 54-142a(k). | No fee may be charged, see Conn. Gen. Stat. § 54-142a(k). | There is no statutory language regarding fees. | No fee can be charged. Conn. Gen. Stat. § 54-142a(e)(2). | No fee can be charged. Conn. Gen. Stat. § 54-142a(e)(2). |
| Effect | Sealing does not deny access to any court, law enforcement agency, prosecuting attorney, or person or entity required by law to conduct a criminal history check. The person and all criminal justice agencies can reply to inquiries that public criminal records do not exist. Employers, educational institutions, and state and local government agencies, officials, and employees are prohibited from inquiring into sealed records on applications or in interviews, with exceptions. C.R.S. § 24-72-703. | Sealing does not deny access to any court, law enforcement agency, prosecuting attorney, or person or entity required by law to conduct a criminal history check. The person and all criminal justice agencies can reply to inquiries that public criminal records do not exist. Employers, educational institutions, and state and local government agencies, officials, and employees are prohibited from inquiring into sealed records on applications or in interviews, with exceptions. C.R.S. § 24-72-703. | A successfully completed diversion agreement is not considered a conviction for any purpose. Colo. Rev. Stat. § 18-1.3-101. Sealing does not deny access to any court, law enforcement agency, prosecuting attorney, or person or entity required by law to conduct a criminal history check. The person and all criminal justice agencies can reply to inquiries that public criminal records do not exist. Employers, educational institutions, and state and local government agencies, officials, and employees are prohibited from inquiring into sealed records on applications or in interviews, with exceptions. C.R.S. § 24-72-703. | Sealing does not deny access to any court, law enforcement agency, prosecuting attorney, or person or entity required by law to conduct a criminal history check. The person and all criminal justice agencies can reply to inquiries that public criminal records do not exist. Employers, educational institutions, and state and local government agencies, officials, and employees are prohibited from inquiring into sealed records on applications or in interviews, with exceptions. C.R.S. § 24-72-703. | The case is sealed and a copy of the sealing order is provided to the underage person and the prosecutor for distribution to all law enforcement agencies. Colo. Rev. Stat. § 18-13-122(13). | The record of the case is sealed. Colo. Rev. Stat. § 18-13-122(13). | Sealing does not deny access to any court, law enforcement agency, prosecuting attorney, or person or entity required by law to conduct a criminal history check. The person and all criminal justice agencies can reply to inquiries that public criminal records do not exist. Employers, educational institutions, and state and local government agencies, officials, and employees are prohibited from inquiring into sealed records on applications or in interviews, with exceptions. C.R.S. § 24-72-703. | There is no statutory language as to effect. | There is no statutory language as to effect. | All police and court records and records of the state's or prosecuting attorney are physically destroyed. Conn. Gen. Stat. § 54-142d. | The conviction is vacated and charges are dismissed. Conn. Gen. Stat. § 54-95c. | The person is deemed to have never been arrested and can say so under oath. Conn. Gen. Stat. § 54-142a(g)(2). | The person is deemed to have never been arrested and can say so€¯under oath. Conn. Gen. Stat. § 54-142a(g)(2). | The person is deemed to have never been arrested and can say so€¯under oath.€¯Conn. Gen. Stat. § 54-142a(g)(2). | The person is deemed to have never been arrested and can say so€¯under oath. Conn. Gen. Stat. § 54-142a(g)(2). | The person is deemed to have never been arrested and can say so€¯under oath.€¯Conn. Gen. Stat. § 54-142a(g)(2). | The person is deemed to have never been arrested and can say so€¯under oath.€¯Conn. Gen. Stat. § 54-142a(g)(2). | The person is deemed to have never been arrested and can say so under oath. Conn. Gen. Stat. § 54-142a(e)(3). | If any charge in a case results in conviction, police, court, and state's attorney's records are not erased, but non-conviction charges are erased from public electronic records. As to erased charges, the person is deemed never to have been arrested and can say so under oath. Conn. Gen. Stat. § 54-142a(e)(3). | The person is deemed to have never been arrested and can say so under oath. Conn. Gen. Stat. § 54-142a(e)(3). |
| Remedy | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Return | Return | Delete | Vacate | Delete | Delete | Delete | Delete | Delete | Delete | Delete | Delete | Delete |
