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| Clearance policy overview | A record relating to a juvenile who does not qualify for expungement under C.R.S.A. § 19-1-306(4) or (5), including a "mandatory sentence offender" and a "repeat offender," can be expunged 36 months after unconditional release from the sentence. C.R.S.A. § 19-1-306(6)(e). | A record relating to a juvenile charged with a violation of a municipal code or ordinance is expunged 42 days after sentence completion, unless there is a victim and the prosecutor objects, in which case the record can be expunged after a hearing. C.R.S.A. §§ 19-1-306(9)(a), 13-10-115.5. | A record relating to a finding of not guilty at an adjudicatory trial shall be expunged within 42 days after the finding. C.R.S.A. § 19-1-306(4)(a). | A record relating to a case dismissed in its entirety shall be expunged within 42 days after the dismissal. C.R.S.A. § 19-1-306(4)(a)(II). | Records relating to a misdemeanor or lesser conviction can be sealed by the court if the petitioner establishes that he or she was trafficked by another person for the purpose of performing the offense. Colo. Rev. Stat. § 24-72-707. | Records relating to a petty offense or drug petty offense can be sealed by the court one year after final disposition or release from supervision if the person has no subsequent conviction. Colo. Rev. Stat. § 24-72-706(1)(b)(I). | Records relating to a conviction for any offense not otherwise provided for can be sealed by the court five 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)(IV). | Records relating to a municipal violation may be sealed by the court three years after the later of the date of the final disposition of all criminal proceedings against the petitioner or the release of the petitioner from supervision. C.R.S. § 24-72-708(3)(a). | 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). | A record relating to a juvenile who successfully completes pre-filing diversion is expunged within 35 days unless victim notification under Title 24 Article 4.1 is required and the victim objects. C.R.S.A. § 19-1-306(4)(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 a person whose case was dismissed as not delinquent will be erased immediately without the filing of a petition. Conn. Gen. Stat. § 46b-146. | Records relating to an adjudication for a nonserious juvenile offense will be erased upon petition so long as the person is at least 18 years of age, at least two years have elapsed from the date of discharge, and the person is not subject to a disqualifying event. Conn. Gen. Stat. § 46b-146. |
| Ineligible Category or Citation | A person is ineligible if: 1) the person has a proceeding concerning a felony, misdemeanor, or delinquency action pending. C.R.S.A. § 19-1-306(6)(e); 2) the person was adjudicated as an aggravated juvenile offender, or as a violent juvenile offender pursuant; 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) and § 19-1-306(5). | Records of charges for any traffic offense, infraction under Title 42, or municipal traffic code are not eligible for expungement. C.R.S.A. § 13-10-115.5(5). | A person is ineligible for expungement under this column if the person: (a) 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). | A person will be ineligible if: 1) the person was adjudicated as an aggravated juvenile offender, or as a violent juvenile offender pursuant; 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)TUTE. | Offenses listed in C.R.S. § 24-4.1-302(1) are ineligible for sealing. | The 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). | 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(1). | 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 regarding ineligible offenses. | 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. | The person is not eligible for erasure if the person: (1) has a subsequent juvenile proceeding or adult criminal proceeding pending; (2) has been convicted of a delinquent act that would constitute a felony or misdemeanor if committed by an adult during the two-year waiting period; or (3) has been convicted as an adult of a felony or misdemeanor during the two-year waiting period. See Conn. Gen. Stat. § 46b-146. |
| Clearance Process | Petition-based | Automatic | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Petition-based | Automatic | Automatic | Automatic | Automatic | Automatic | Petition-based |
| Waiting Periods | The petition can be filed 36 months after unconditional release from the juvenile sentence. | The record is to be expunged 42 days after completion of the municipal sentence. | The record is to be expunged within 42 days after the finding. | The record is to be expunged within 42 days. | There is no waiting period. | The petition can be filed one year after disposition or release from supervision, whichever is later. | The petition can be filed five years after final disposition or release from supervision, whichever is later. | There is a 3-year waiting period. | 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. | The record is to be expunged 35 days after completion of diversion. | 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 record should be erased immediately upon dismissal. | The petition can be filed after the person reaches 18 years of age and at least two years have elapsed from the date of discharge. |
| Fees | There is no fee. | There is no fee. | There is no fee. | There is no fee. | There is no fee. Colo. Rev. Stat. § 24-72-707(2). | There is a processing fee of $65, which the court can waive upon a determination of indigency. Colo. Rev. Stat. § 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. § 24-72-706(1)(h). | Upon filing the petition, the petitioner shall pay the filing fee required by law. C.R.S. § 24-72-708(4). | 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 are no fees. | 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. |
| Effect | 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). | 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. § 13-10-115.5(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. § 13-10-115.5(2)(b). For additional information about the effect of expungement, see C.R.S.A. § 13-10-115.5. | 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. 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. For additional information about effect, see C.R.S.A. § 19-1-306(3)(b)-(c). | Sealing does not deny acccess 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. Colo. Rev. Stat. § 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. | 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. | 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). | 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). | 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 references including arrest, complaint, referrals, petitions, reports, and orders will be removed from all agency, official, and institutional files, and a finding of delinquency will be deemed never to have occurred. No child who has been the subject of such an erasure order will be deemed to have been arrested with respect to the erased proceedings. Conn. Gen. Stat. § 46b-146. | All references including arrest, complaint, referrals, petitions, reports, and orders will be removed from all agency, official, and institutional files, and a finding of delinquency will be deemed never to have occurred. No child who has been the subject of such an erasure order will be deemed to have been arrested with respect to the erased proceedings. Conn. Gen. Stat. § 46b-146. |
| Remedy | Expunge | Expunge | Expunge | Expunge | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Expunge | Seal | Return | Return | Delete | Delete |
