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| Clearance policy overview | A record relating to a matter sealed pursuant to section 781 is destroyed (1) five years after the record was ordered sealed if the person was alleged or adjudged to be a person described by section 601 or (2) when the person reaches 38 years of age if the person was alleged or adjudged to be a person described by section 602. Cal. Welf. & Inst. Code § 781(d). | Records of the arresting agency and related court records can be sealed after successful completion of a prefiling diversion program. Cal. Pen. Code § 851.87(a)(1). | Records relating to a case dismissed following successful completion of a drug diversion program or deferred entry of judgment pursuant to sections 1000, 1000.5, or 1000.8, can be sealed by the court. Cal. Pen. Code § 851.90(a)(1). | Records relating to a case dismissed after successful completion of the terms of a deferred entry of judgment can be dismissed by the court. Cal. Pen. Code §§ 1000.3, 1203.43. | Records relating to an offense containing the name of an identity theft victim as the perpetrator of the crime can be deleted or sealed after the court has issued a determination of factual innocence. Cal. Pen. Code § 530.6(b), (c). | A record relating to a case in which no petition was filed can be sealed any time after the person's 18th birthday or if at least five years have elapsed since the person was cited to appear before a probation officer, was taken before a probation officer pursuant to section 626, or was taken before any law enforcement agency. Cal. Welf. & Inst. Code § 781(a)(1)(A). | A record relating to any case where a minor was cited to appear before a probation officer; taken before a probation officer pursuant to section 626; or taken before any officer of a law enforcement agency, and no delinquency pleading was filed, can be sealed by the law enforcement agency and probation department that have jurisdiction over the offense upon request, concurrence of the district attorney, and determination that the minor is factually innocent. Cal. Welf. & Inst. Code § 781.5. | Records relating to an arrest for which no charges are filed are deleted from the records of the arresting agency and the Department of Justice. The action is officially deemed a detention. Cal. Pen. Code § 851.6. | Records relating to any arrest for which no charges were filed and the person completed a diversion agreement, or the statute of limitations has run, or the statute of limitations has not run but the person is no longer being investigated, can be sealed by the court immediately. Colo. Rev. Stat. § 24-72-704. | A record relating to a juvenile adjudication resulting in the completion of a sentence or alternative to sentencing for a petty offense, drug petty offense, class 2 or class 3 misdemeanor offense, or level 1 or level 2 drug misdemeanor, will be expunged if the person meets the eligibility criteria. C.R.S.A. § 19-1-306(4)(a)(III). | Records except basic identifying information relating to a conviction for misdemeanor marijuana possession committed before Dec. 10, 2012 which would not have been a criminal offense if committed on or after that date can be sealed by the court 30 days after the petition is filed. C.R.S. § 24-72-710. | Records relating to a conviction for a class 2 or 3 misdemeanor or any drug misdemeanor can be sealed by the court two years after final disposition or release from supervision, provided the person has no other criminal conviction in that time. C.R.S. § 24-72-706(1)(b)(II). | Records relating to a conviction for a class 4, 5, or 6 felony, a level 3 or 4 drug felony, or a class 1 misdemeanor can be sealed by the court three years after final disposition or release from supervision, provided the person has no other criminal conviction in that time. C.R.S. § 24-72-706(1)(b)(III). | Records relating to an arrest that was made as a result of mistaken identity shall be expunged by the court within 90 days of receiving a petition from the law enforcement agency that made the arrest. Colo. Rev. Stat. § 24-72-702. | A record relating to the completion of a juvenile diversion program, a deferred adjudication, or an informal adjustment will be expunged by the Court. If an objection is filed, the record will be expunged if, at a hearing, the court finds that the rehabilitation of the juvenile has been attained to the satisfaction of the court and the expungement is in the best interest of the juvenile and the community. C.R.S.A. § 19-1-306(5)(a)(I); (5)(g). | A record relating to a juvenile adjudication for a class 1 misdemeanor or a petty or a misdemeanor offense that is not eligible for expungement under C.R.S.A. § 19-1-306(4) is expunged upon sentence completion, unless victim notification under Title 24 Article 4.1 is required and the victim objects, in which case the record can be expunged after a hearing. C.R.S.A. § 19-1-306(5)(a)(II); (5)(c)-(g). | A record relating to a juvenile adjudication for a felony offense or felony drug offense will be expunged upon completion of the sentence; but, if an objection is filed, the record shall be expunged if, at a hearing, the court finds that the juvenile is not otherwise ineligible and the rehabilitation of the juvenile has been attained to the satisfaction of the court; and the expungement is in the best interest of the juvenile and the community. C.R.S.A. § 19-1-306(5)(a)(IV); (5)(g). | A record relating to a closed case that should be expunged pursuant to C.R.S.A. § 19-1-306(4) but which has not been expunged by the court shall be expunged upon petition if the court finds that a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner and that the records are eligible for expungement pursuant to C.R.S.A. § 19-1-306(4). C.R.S.A. § 19-1-306(6)(a). | A record relating to a closed case that should be expunged pursuant to C.R.S.A. § 19-1-306(5) but which has not been expunged by the court shall be expunged through the procedures in C.R.S.A. § 19-1-306(5) upon petition if the court finds that the records are otherwise eligible for expungement and a proceeding concerning a felony, misdemeanor, or delinquency action is not pending against the petitioner. C.R.S.A. § 19-1-306(6)(b)-(c). | A record relating to a person perviously denied expungement pursuant to C.R.S.A. § 19-1-306(5) may be expunged upon petition if at least 12 months have passed since the denial, the person provides new information not previously considered by the prior reviewing court, and the petitioner is otherwise eligible for expungement under C.R.S.A. § 19-1-306(5). C.R.S.A. § 19-1-306(6)(d). |
| Ineligible Category or Citation | The record will not be destroyed if the subject of the record was found to be delinquent because of the commission of an offense listed in subdivision (b) of section 707 when he or she was 14 years of age or older, or if the court finds good cause to retain the record. Cal. Welf. & Inst. Code §781(d). | There is no statutory language regarding ineligible offenses. | For eligibility, see Cal. Pen. Code § 1000 Cal. Pen. Code § 1000.5 Cal. Pen. Code § 1000.8. . Cal. Pen. Code § 851.90. | See Cal. Pen. Code section 1000 for eligible offenses. | There is no statutory language regarding ineligible offenses. | The person is ineligible for sealing under this section if he of she was subsequently convicted of a felony or of any misdemeanor involving moral turpitude. Cal. Welf. & Inst. Code § 781(a)(1)(A). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language on ineligibility. | An adjudication is ineligible if it involves: 1) unlawful sexual behavior as defined in section 16-22-102(9); 2) an act of domestic violence as defined in section 18-6-800.3, 3) or is a crime listed under 24-4.1-302(1). C.R.S.A. § 19-1-306(4)(a)(III). A person is ineligible if: 1) the person was adjudicated as an aggravated juvenile offender, or as a violent juvenile offender; 2) the person was adjudicated of homicide and related offenses pursuant to part 1 of Article 3 of Title 18; 3) the person was adjudicated for a felony offense involving unlawful sexual behavior as described in section 16-22-102 (9); or 4) the person was charged, adjudicated, or convicted of any traffic offense or infraction pursuant to Title 42. C.R.S.A. § 19-1-306(8)(a)-(d). | There is no statutory language regarding ineligible offenses. | Offenses listed in C.R.S. § 24-4.1-302(1) are ineligible for sealing. Offenses listed in C.R.S. § 24-72-706(2)(a) are ineligible for sealing, unless the district attorney consents or the court finds that the need for sealing is substantial, the person is no longer a threat to public safety, and public disclosure of the record is no longer necessary. C.R.S. § 24-72-706(2). | Offenses listed in C.R.S. § 24-4.1-302(1) are ineligible for sealing. Offenses listed in C.R.S. § 24-72-706(2)(a) are ineligible for sealing, unless the district attorney consents or the court finds that the need for sealing is substantial, the person is no longer a threat to public safety, and public disclosure of the record is no longer necessary. C.R.S. § 24-72-706(2). | There is no statutory language regarding ineligible offenses. | A person is ineligible if: 1) the person was adjudicated as a mandatory sentence offender or as a repeat juvenile offender. C.R.S.A. § 19-1-306(5)(j); 2) the person was adjudicated as an aggravated juvenile offender, or as a violent juvenile offender; 3) the person was adjudicated of homicide and related offenses pursuant to part 1 of Article 3 of Title 18; 4) the person was adjudicated for a felony offense involving unlawful sexual behavior as described in section 16-22-102 (9); or, 5) the person was charged, adjudicated, or convicted of any traffic offense or infraction pursuant to Title 42. C.R.S.A. § 19-1-306(8)(a)-(d). | A person is ineligible if: 1) the person was adjudicated as a mandatory sentence offender or as a repeat juvenile offender. C.R.S.A. § 19-1-306(5)(j); 2) the person was adjudicated as an aggravated juvenile offender, or as a violent juvenile offender; 3) the person was adjudicated of homicide and related offenses pursuant to part 1 of Article 3 of Title 18; 4) the person was adjudicated for a felony offense involving unlawful sexual behavior as described in section 16-22-102 (9); or, 5) the person was charged, adjudicated, or convicted of any traffic offense or infraction pursuant to Title 42. C.R.S.A. § 19-1-306(8)(a)-(d). | A person will be ineligible if: 1) the person was adjudicated as a mandatory sentence offender or as a repeat juvenile offender. C.R.S.A. § 19-1-306(5)(j); 2) the person had prior felony adjudications. C.R.S.A. § 19-1-306(5)(a)(IV); 3) the person was adjudicated as an aggravated juvenile offender, or as a violent juvenile offender; 4) the person was adjudicated of homicide and related offenses pursuant to part 1 of Article 3 of Title 18; 5) the person was adjudicated for a felony offense involving unlawful sexual behavior as described in section 16-22-102 (9); or, 6) the person was charged, adjudicated, or convicted of any traffic offense or infraction pursuant to Title 42. C.R.S.A. § 19-1-306(8)(a)-(d). Certain felony offenses are not eligible for expungement. C.R.S.A. § 19-1-306(5)(a)(IV). | See C.R.S.A. § 19-1-306(4) and § 19-1-306(6)(a). | See C.R.S.A. § 19-1-306(5) and § 19-1-306(6)(b),(c). | A person is not eligible for expungement if there is a proceeding concerning a felony, misdemeanor, or delinquency action is pending against the petitioner. For additional information, see C.R.S.A. § 19-1-306(5) and § 19-1-306(6)(d). |
| Clearance Process | Automatic | Petition-based | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Automatic | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The record is destroyed five years after the record was ordered sealed or when the person reaches 38 years of age. | The petition can be filed two years after successful completion of the program as determined by the prosecuting attorney. Cal. Pen. Code § 851.87(a). | There is no statutory language regarding waiting periods. | The petition can be filed after the charge is dismissed following successful completion of the terms of the deferred entry of judgment. | There is no statutory language regarding waiting periods. | The petition can be filed after the person's 18th birthday or after five years have elapsed since the person was cited to appear before a probation officer, was taken before a probation officer pursuant to section 626, or was taken before any law enforcement agency. Cal. Welf. & Inst. Code § 781(a)(1)(A). | The record can be sealed immediately following the determination by the law enforcement agency, probation officer, and district attorney that the person is factually innocent of the offense. | There is no statutory language regarding waiting periods. | There is no waiting period. If, however, a criminal offense is not charged because of a plea agreement in a separate case, the offense records are eligible for sealing when the conviction records in the separate case are eligible. C.R.S. § 24-72-703(12)(a)(II). | The record is to be expunged within 42 days. | The petition may be filed at any time. The petition must be posted on the website of the state court administrator for 30 days before the record can be sealed. | The petition can be filed two years after final disposition or release from supervision, whichever is later. | The petition can be filed three years after final disposition or release from supervision, whichever is later. | There is no waiting period. | The record can be expunged upon completion of diversion, deferral, or informal adjustment. | The record can be expunged upon completion of the sentence. | The record can be expunged upon completion of the sentence. | The petition can be filed at any time. | The petition can be filed at any time. | The petition can be filed 12 months after denial. |
| 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. | 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 on fees. | There is no fee. | Petitioner must pay the filing fee required by law plus $65. C.R.S. § 24-72-710(2)(II). | There is a processing fee of $65, which the court can waive upon a determination of indigency. C.R.S. § 24-72-706(1)(h). | There is a processing fee of $65, which the court can waive upon a determination of indigency. C.R.S. § 24-72-706(1)(h). | There is no cost to the person. Colo. Rev. Stat. § 24-72-702(1)(b). | There is no fee. | There is no fee. | There is no fee. | There is no fee. C.R.S.A. § 19-1-306(6)(a). | There is no fee. | There is no fee. |
| Effect | The record will be destroyed. | The court shall give a copy of the order to the person and inform the person that he or she may thereafter state that he or she was not arrested for the charge, with exceptions. Cal. Pen. Code §§ 851.87(a)-(d). | The court shall give a copy of the order to the person and inform the person that he or she may thereafter state that he or she was not arrested for the charge, with exceptions. Cal. Pen. Code §§ 851.9(a)-(d). | Dismissal pursuant to section 1203.43 invalidates a defendant's prior plea. Cal. Pen. Code § 1203.43(a). | After issuing a determination of factual innocence, the court can order the personal identifying information contained in court records, files, and indexes deleted, sealed, or labeled to show the data is impersonated and does not reflect the petitioner's identity. Cal. Pen. Code § 530.6(c). | The following records are eligible for sealing: records relating to the person's case that are in the custody of the probation officer or any other agencies, including law enforcement agencies, entities, and public officials who have custody of the related records. Cal. Welf. & Inst. Code § 781(a)(1)(A). Once the court has ordered the person's records sealed, the proceedings in the case shall be deemed never to have occurred, and the person can reply accordingly to any inquiry about the events related to the sealed records. Cal. Welf. & Inst. Code § 781(a)(1)(A). | Upon a determination that the minor is factually innocent, the records shall be sealed three years after the arrest or citation; and thereafter the records will be destroyed. Cal. Welf. & Inst. Code § 781.5. Destruction of records of arrest or citation pursuant to this section shall be accomplished by permanent obliteration of all entries or notations upon those records pertaining to the arrest or citation, and the record shall be prepared again so that it appears that the arrest or citation never occurred. Cal. Welf. & Inst. Code § 781.5(j). For specific effects, see Cal. Welf. & Inst. Code § 781.5. | Any record of the action shall refer to it as a detention and any reference to the action as an arrest is deleted from the arrest records of the arresting agency and the Department of Justice. Cal. Pen. Code § 851.6(d). | 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. Colo. Rev. Stat. § 24-72-703. | Upon the entry of an expungement order, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile delinquency record. Further, the person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. C.R.S.A. § 19-1-306(1)(a). Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. C.R.S.A. § 19-1-306(2)(g). Such information is not available to an agency of the military forces of the United States. C.R.S.A. § 19-1-306(3)(a). Any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person is charged with an offense as either a juvenile or as an adult or in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. C.R.S.A. § 19-1-306(3)(b)-(c) For additional information about effect, see C.R.S.A. § 19-1-306(3)(b)-(c). | There is no statutory language regarding the effect of sealing under this section. | 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 all inquiries that public criminal records do not exist. Employers, educational institutions, 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 all inquiries that public criminal records do not exist. Employers, educational institutions, 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. | Employers, educational institutions, state and local government agencies, officials, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in expunged records. The applicant need not provide information on the expunged records and may state that no such action ever occurred. Colo. Rev. Stat. § 24-72-702(c)(4). | Upon the entry of an expungement order, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile delinquency record. Further, the person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. C.R.S.A. § 19-1-306(1)(a). Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. C.R.S.A. § 19-1-306(2)(g). Such information is not available to an agency of the military forces of the United States. C.R.S.A. § 19-1-306(3)(a). Any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person is charged with an offense as either a juvenile or as an adult or in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. C.R.S.A. § 19-1-306(3)(b)-(c) For additional information about effect, see C.R.S.A. § 19-1-306(3)(b)-(c). | The person may assert that he or she has no juvenile delinquency record and may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. C.R.S.A. § 19-1-306(1)(a). Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. C.R.S.A. § 19-1-306(2)(g). Such information is not available to an agency of the military forces of the United States. C.R.S.A. § 19-1-306(3)(a). Any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person is charged with an offense as either a juvenile or as an adult or in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. C.R.S.A. § 19-1-306(3)(b)-(c) For additional information about effect, see C.R.S.A. § 19-1-306(3)(b)-(c). | Upon the entry of an expungement order, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile delinquency record. Further, the person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. C.R.S.A. § 19-1-306(1)(a). Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. C.R.S.A. § 19-1-306(2)(g). Such information is not available to an agency of the military forces of the United States. C.R.S.A. § 19-1-306(3)(a). Any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person is charged with an offense as either a juvenile or as an adult or in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. C.R.S.A. § 19-1-306(3)(b)-(c) For additional information about effect, see C.R.S.A. § 19-1-306(3)(b)-(c). | Upon the entry of an expungement order, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile delinquency record. Further, the person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. C.R.S.A. § 19-1-306(1)(a). Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. C.R.S.A. § 19-1-306(2)(g). Such information is not available to an agency of the military forces of the United States. C.R.S.A. § 19-1-306(3)(a). Any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person is charged with an offense as either a juvenile or as an adult or in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. C.R.S.A. § 19-1-306(3)(b)-(c) For additional information about effect, see C.R.S.A. § 19-1-306(3)(b)-(c). | Upon the entry of an expungement order, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile delinquency record. Further, the person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. C.R.S.A. § 19-1-306(1)(a). Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. C.R.S.A. § 19-1-306(2)(g). Such information is not available to an agency of the military forces of the United States. C.R.S.A. § 19-1-306(3)(a). Any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person is charged with an offense as either a juvenile or as an adult or in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. C.R.S.A. § 19-1-306(3)(b)-(c). | Upon the entry of an expungement order, the person who is the subject of the record that has been expunged may assert that he or she has no juvenile delinquency record. Further, the person who is the subject of the record that has been expunged may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge. C.R.S.A. § 19-1-306(1)(a). Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged. C.R.S.A. § 19-1-306(2)(g). Such information is not available to an agency of the military forces of the United States. C.R.S.A. § 19-1-306(3)(a). Any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person is charged with an offense as either a juvenile or as an adult or in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record. C.R.S.A. § 19-1-306(3)(b)-(c) For additional information about effect, see C.R.S.A. § 19-1-306(3)(b)-(c). |
| Remedy | Delete | Seal | Seal | Dismiss | Delete | Seal | Seal | Delete | Seal | Expunge | Seal | Seal | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
