Can I Seal Or Expunge My Criminal Record in Colorado?
- Jun 29
- 5 min read
Can You Expunge or Seal a Criminal Record in Colorado? What You Need to Know
By Ted McClintock, Colorado Criminal Defense Attorney
One of the most common questions I receive is:
“Can I get my criminal record expunged?”
The answer surprises many people.
In Colorado, most adult criminal records cannot be expunged. Instead, Colorado law generally provides a process for record sealing, while expungement is primarily reserved for juvenile matters and a limited number of adult situations.
The good news is that Colorado has significantly expanded the types of records that may be eligible for sealing in recent years. If you were told years ago that your record could never be sealed, it may be worth taking another look.
What Is the Difference Between Expungement and Record Sealing?
Although people often use the terms interchangeably, they are not the same.
Expungement generally means a record is destroyed or treated as though it never existed. In Colorado, expungement is available only in limited circumstances, most commonly involving juvenile records.
Record sealing is much more common for adults. When a record is sealed, it is removed from public view. Most employers, landlords, and members of the public conducting background checks will no longer see the record. However, courts, law enforcement agencies, prosecutors, and certain government entities may still have access as permitted by law.
For most adults, the real question is not whether a record can be expunged—it is whether it can be sealed.
Can Criminal Convictions Be Sealed?
Sometimes.
Whether a conviction can be sealed depends on several factors, including:
The offense you were convicted of.
Whether the case ended in a conviction, dismissal, or acquittal.
Whether all terms of your sentence have been completed.
Whether all restitution, fines, and fees have been paid.
Whether the required waiting period has expired.
Whether Colorado law specifically excludes that offense from being sealed.
Some convictions may become eligible after a waiting period, while others can never be sealed.
Because the law is complex and has changed significantly over the years, every case should be reviewed individually.
What If My Case Was Dismissed?
Dismissed criminal cases are eligible for record sealing.
If the charges against you were dismissed or you were found not guilty, you may be able to have those records sealed much sooner than someone who was convicted.
Even though you were never convicted, the arrest and court records may still appear on background checks until they are sealed.
Can Drug Cases Be Sealed?
Many drug convictions may qualify for record sealing after the applicable waiting period has passed.
Colorado has expanded opportunities for sealing certain drug offenses over the past several years, but eligibility still depends on the specific offense and your criminal history.
Can Theft, Assault, or Other Misdemeanors Be Sealed?
Some can.
Many misdemeanor convictions may eventually qualify for sealing, while others do not.
The same is true for felony convictions. Certain felonies may become eligible after a statutory waiting period, while others remain permanently ineligible.
The only way to know for certain is to review the exact conviction and the current law.
What About Domestic Violence Cases?
Many people believe “domestic violence” is a separate crime.
It is not.
In Colorado, domestic violence is generally a sentence enhancer attached to another criminal offense.
Whether a domestic violence case can be sealed depends primarily on the underlying conviction and whether Colorado law allows that particular offense to be sealed.
Can Sex Offense Records Be Sealed?
This is one of the most common questions our office receives.
Many people assume that every sex offense conviction can never be sealed. While many sex offense convictions remain ineligible under Colorado law, not every case is the same.
Colorado’s record-sealing laws contain numerous exceptions, and eligibility depends on the specific offense, how the case was resolved, and the current state of the law.
If your case involved an allegation of unlawful sexual behavior, do not assume you are automatically ineligible. Likewise, do not assume you qualify simply because many years have passed.
Some sex offense cases may qualify for relief under current Colorado law, while many others do not. The only way to know is to carefully review the conviction, the court file, and the applicable statutes.
If you have a sex offense on your record, contact our office. We will review your criminal history, explain whether your case may qualify for record sealing under current Colorado law, and discuss any other post-conviction options that may be available, including sex offender deregistration where appropriate.
Don’t Confuse Record Sealing with Sex Offender Deregistration
These are two completely different legal processes.
A person may become eligible to petition for removal from the Colorado Sex Offender Registry after meeting the statutory requirements.
That does not automatically mean the underlying criminal record can be sealed.
Likewise, even if someone successfully removes their name from the registry, the conviction itself may still remain publicly available.
If your case involved a sex offense, you should also read my article, “How to Get Off the Colorado Sex Offender Registry,” which explains the requirements for seeking deregistration. Record sealing and deregistration are separate legal issues, and eligibility for one does not necessarily mean you qualify for the other.
Colorado’s Record Sealing Laws Have Changed
Colorado has expanded record-sealing opportunities over the past several years.
As a result, some people who were once told they were not eligible may now qualify under current law.
Likewise, certain records are now sealed automatically, while others still require filing a petition with the court.
However, many offenses remain permanently excluded from record sealing.
Because these laws continue to evolve, it is important to have your case reviewed under the current law rather than relying on advice you may have received years ago.
Should You Have Your Record Reviewed?
Many people assume they are permanently stuck with a criminal record.
Others believe everything automatically disappears after enough time has passed.
Neither assumption is always correct.
Every criminal case is different.
The type of offense, the disposition of the case, your criminal history, and changes in Colorado law all affect whether your record may be eligible for sealing.
If you have never had your record reviewed—or if you were told years ago that nothing could be done—it may be worth taking another look.
A review of your case could identify opportunities that simply did not exist under prior law.
Contact Ted McClintock
If you would like to determine whether your Colorado criminal record may be eligible for sealing, our office would be happy to review your case.
Whether your record involves a misdemeanor, felony, dismissed case, or even a sex offense, we can evaluate your eligibility under current Colorado law and explain your options.
If your case also involves sex offender registration, we can discuss whether you may qualify for deregistration and how that process differs from record sealing.
Don’t assume your record can never be sealed—or that you automatically qualify. Let us review your case and provide you with an honest assessment based on the current law.
Ted McClintock
Colorado Criminal Defense Attorney
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