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Colorado

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for sealing in some situations. You have to file a petition in court to start the process. 

  • If you were convicted of a crime that was caused by being a victim of human trafficking, the record can be sealed. It is up to the judge whether or not to grant your position.  
  • With certain exceptions, if you were convicted of a petty offense or petty drug offense, the record can be sealed after one year, so long as you are not charged with or convicted of anything else during that time. It is up to the judge whether or not to grant your petition. 
  • 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 you have no other criminal conviction in that time. 
  • 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 you have no other criminal conviction in that time. 
  • 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 you have no other criminal conviction in that time. 

Adult criminal records for successfully completed diversion and deferred adjudication programs may be eligible for sealing. Except in some situations, you have to file a petition in court to start the process. 

  • If you complete a diversion program, the record should be sealed automatically by the court after your case is dismissed. 
  • If you complete the conditions of a deferred judgment and sentence, the record should be sealed automatically by the court after your case is dismissed.  
  • If you complete a deferred judgement, diversion, or court-ordered substance abuse education program for a first-time underage drinking offense, the record should be sealed automatically by the court after your case is dismissed. 

Adult criminal records for arrests for which you were never convicted are eligible for sealing. You have to file a petition in court to start the process. 

  • If you were arrested but not charged or your case ended with dismissal or a not guilty verdict, the record can be sealed immediately. If you meet the criteria, the judge has to grant your petition. 
  • If you were arrested because of mistaken identity, the record should be automatically expunged by the court once the judge receives a petition from the law enforcement agency that made the arrest. 
  • Records relating to a case that was completely dismissed or that ended with acquittal on all counts are sealed by the court immediately. 

Adult Criminal Record Clearance Policies

    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).
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    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).
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    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.
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    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).
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    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).
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    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.
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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).
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    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.
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    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.
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    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).
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be expunged in Colorado. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

    Read the legal policies and statutes for detailed statutory information. 

    Juvenile Record Clearance Policies Overview 

    Most juvenile recordscan be expunged. 

     

     

    • If you were found not guilty or your case was dismissed, your record can be expunged at any time after dismissal. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • If you successfully completed diversion, deferred adjudication, or informal adjustment, your record can be expunged at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • If you successfully completed probation, your record can be expunged one year after completion. This does not apply to you if you were committed to the Department of Human Services or placed on parole supervision. This also does not apply to you if the court labeled you a “repeat or mandatory juvenile offender.” You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • If you were committed to the Department of Human Services or placed on parole supervision, your record can be expunged three years after your release from commitment or parole. This does not apply to you if the court labeled you a “repeat or mandatory juvenile offender.” You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • If the court labeled you a “repeat or mandatory juvenile offender,” your record can be expunged five years after your release from probation or parole supervision. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • If you have a prostitution-related offense on your record because you were a victim of human trafficking, your record can be expunged at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
    • If you were never charged, there may be police and juvenile department records that can be expunged after one year. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 

    You may not be eligible for expungement if you have certain convictions or adjudications on your record or if you have a pending criminal or juvenile case. 

    Find a Lawyer 

    If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

     

     

    Juvenile Record Clearance Policies

      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).
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      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.
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      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).
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      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).
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      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).
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      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).
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      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).
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      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).
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      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).
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      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).
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      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).
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      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).
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