Expunging or Sealing a Felony in Colorado

Class 4, 5 and 6 felonies and level 3 and most level 4 drug felonies can be sealed three years after the end of proceedings or release from supervision (some level 4 drug felonies after two years). Not eligible: class 1, 2 and 3 felonies and level 1 drug felonies, crimes of violence, felonies listed in the Victim Rights Act, convictions involving unlawful sexual behavior, child abuse or domestic violence, extraordinary-risk and aggravated-circumstance crimes, crimes with a pregnant victim, special-offender drug crimes, identity theft, pandering, prostitution and animal cruelty, among others. Up to a limited number of convictions from multiple cases can be sealed together through a separate petition (JDF 641) with longer waiting periods (up to ten years for felonies).

For a single conviction in county or district court: confirm eligibility, get a criminal history report from the Colorado Bureau of Investigation (cbirecordscheck.com) and file within 20 days of it, then file the Motion to Seal (JDF 612) with proposed orders JDF 613, 614 and 615 in the criminal case and mail a copy to the prosecutor. The court may hold a hearing and weighs the harm to the person's privacy against the public interest. If granted, the court sends the order to the listed agencies, which generally seal records within 30 days. Municipal convictions (JDF 682-686) and multiple convictions (JDF 640-642) are filed as new district court civil cases; no-charge arrests use JDF 416-419.

A sealed record is no longer available to the public, and agencies must answer inquiries by saying no such record exists, but this does not apply to inquiries from criminal justice agencies. Records are not destroyed and remain available to criminal justice agencies, the court and the district attorney; if the person is convicted again, a sealed record may be unsealed or used at sentencing. Sealing a conviction does not vacate it. Immigration authorities may treat sealed convictions differently.