Will Employers See a Sealed Criminal Record in Colorado?

Will Employers Still See My Criminal Record After It Is Sealed in Colorado?

One of the biggest reasons people seek to seal a criminal record is employment.

Maybe you have missed out on a job. Maybe you were passed over for a promotion. Maybe you worry every time an employer says:

“We need to run a background check.”

And maybe the criminal case behind that worry happened years ago.

So the question is simple:

If I Get My Colorado Criminal Record Sealed, Will Employers Still Be Able to See It?

The good news is that, for ordinary public background checks, a properly sealed Colorado criminal record should not appear at all.

That is one of the most important benefits of record sealing.

When an eligible Colorado criminal record is properly sealed, it is removed from ordinary public access. An ordinary employer searching public criminal-history records should not see the sealed case.

Not the arrest. Not the charge. Not the court case. Not the conviction.

For many people, that can mean an old case no longer appears every time they apply

for a job and an employer runs an ordinary background check.

Colorado has expanded record-sealing opportunities in recent years. Many dismissed cases, deferred judgments, misdemeanor convictions, and even some felony convictions may qualify.

If an old criminal record is still following you into job applications and background checks, do not assume you are stuck with it. Check whether it can be sealed.

What Happens When a Criminal Record Is Sealed in Colorado?

When a qualifying Colorado criminal record is sealed, it is removed from ordinary public access.

That can make a major difference when you apply for a job.

Before sealing, a public criminal record may reveal information such as:

• An arrest

• Criminal charges

• A court case

• The name of the offense

• The outcome of the case

• A misdemeanor conviction

• A felony conviction

Even when a case was dismissed, the existence of the arrest or charge can create problems.

An employer may see the name of a serious charge without understanding what actually happened. The employer may never get far enough to learn that the case was dismissed, that you successfully completed a deferred judgment, or that the case happened many years ago.

Once a qualifying record is properly sealed, the sealed case should no longer appear in ordinary public criminal-history searches.

That is the point of sealing.

Can a Private Employer See a Sealed Colorado Criminal Record?

For an ordinary private employer conducting a standard public criminal background check, a properly sealed Colorado criminal record should not appear.

The sealed case is no longer available through ordinary public criminal-history searches.

That matters because many employers use background checks before making hiring decisions. If an old case remains public, it may continue to appear every time you apply for a new job.

Once the record is properly sealed, the employer should not see that sealed case through an ordinary public criminal background search.

For someone trying to move forward professionally, that can be a major benefit.

Do I Have to Tell an Employer About a Sealed Colorado Record?

Here is more good news.

Colorado law provides important protections concerning sealed criminal justice records.

Under C.R.S. § 24-72-703, employers generally may not require an applicant to disclose information contained in sealed criminal justice records, subject to specific exceptions provided by law.

Colorado law also provides that, in many circumstances, an applicant does not need to reference a sealed record in response to questions about criminal history.

That is important.

Record sealing is not simply about making a case harder to find on the internet.

A valid sealing order changes the legal status and public accessibility of the record.

For many people applying for ordinary private employment, that can mean both:

• The sealed case should not appear in an ordinary public criminal background search; and

• The applicant generally should not be required to disclose the sealed record.

That is a powerful benefit of record sealing.

What About Private Employment Background-Check Companies?

Many employers do not personally search court records.

Instead, they hire private background-screening companies or consumer reporting agencies.

That leads to an obvious question:

“What good is sealing my record if a private background-check company already has the information?”

Colorado law addresses this issue too.

Consumer reporting agencies are generally restricted from reporting sealed or expunged criminal records, subject to specific legal exceptions.

That protection matters.

A sealing order would have far less value if a commercial background-check company could simply keep reporting the same sealed case every time you applied for a job.

So when a Colorado criminal record is properly sealed, it should not continue appearing on an ordinary employment background report simply because the information was once public.

What If a Background-Check Company Still Reports My Sealed Case?

Private databases are not always perfect.

A background-check company may have collected information before the record was sealed. A database may contain stale information. A company may fail to update its records properly.

If a properly sealed case still appears on an employment background check, that does not necessarily mean the sealing failed.

It may mean the background report contains outdated or inaccurate information.

If that happens, the source of the information should be investigated.

The important point is this:

A properly sealed Colorado criminal record should not continue to appear on an ordinary employment background check as though the case were still public.

What If My Sealed Case Still Appears Somewhere Online?

A court order sealing an official criminal record does not necessarily erase every reference to the case that was ever published on the internet.

Information may have been copied or published before the sealing order was entered.

Old information can sometimes remain in places such as:

• Search-engine results

• News reports

• Mugshot websites

• Old commercial databases

• Third-party websites

• Social-media posts

That does not necessarily mean your official Colorado criminal record was not properly sealed.

It may mean that a third party copied or published information while the case was still public.

This is different from the official criminal record remaining publicly accessible.

If you have obtained a sealing order and the case still appears somewhere online or on a background report, it may be important to determine exactly where that information is coming from.

What If My Criminal Case Was Dismissed?

If your case was dismissed, check whether your record can be sealed.

Do not assume a dismissal means the record simply disappeared.

An arrest may still have occurred. Criminal charges may still have been filed. A court case may still have existed. Information about that case may remain publicly accessible unless the record is sealed.

That can create a frustrating situation:

You were never convicted, but the accusation may still appear when an employer searches your background.

An employer may see the name of the original charge before understanding that the case was dismissed.

And sometimes the damage is done before you ever get the opportunity to explain.

If your Colorado criminal case was dismissed, check whether the record can be sealed.

Why leave a dismissed case publicly accessible if Colorado law allows you to seal it?

What If I Successfully Completed a Deferred Judgment?

Many people mistakenly believe that successfully completing a deferred judgment automatically means the entire criminal record disappears.

Do not assume that.

Even when a case ultimately results in dismissal after successful completion of a deferred judgment, records may still exist concerning:

• The arrest

• The original charges

• The court case

• The deferred judgment

• The final disposition

If those records remain publicly accessible, they may still create problems when someone runs a background check.

Many successfully completed deferred judgments can be sealed.

If you completed a deferred judgment, check your record.

Do not simply assume the case is gone.

What If I Have a Misdemeanor Conviction?

Do not automatically assume a conviction means you cannot seal your record.

Many misdemeanor convictions can be sealed under Colorado law.

Eligibility depends on factors such as:

• The exact offense

• The classification of the offense

• How the case was resolved

• How much time has passed

• Your criminal history

• Whether other statutory requirements have been satisfied

Colorado has expanded record-sealing opportunities.

If an old misdemeanor conviction is still affecting jobs, promotions, housing, or other opportunities, check whether it can be sealed.

Do not disqualify yourself without looking.

What If I Have a Felony Conviction?

A felony conviction does not automatically mean record sealing is impossible.

Some felony convictions can be sealed under Colorado law.

Eligibility depends on the exact offense, the classification of the offense, the date of the case, the time that has passed, and other statutory factors.

Some felony convictions are not eligible for sealing. Others are.

The mistake many people make is assuming:

“I have a felony, so there is nothing I can do.”

That assumption may be wrong.

If you have an old Colorado felony conviction, check your actual eligibility before assuming the answer is no.

Why Record Sealing Can Matter So Much for Employment

A criminal record can affect more than one job application.

It can follow someone for years.

You apply for a job.

You interview.

Things seem to be going well.

Then you hear:

“We need to run a background check.”

And suddenly, an old case is back in your life again.

A public criminal record can potentially affect:

• Hiring decisions

• Promotions

• Career advancement

• Professional opportunities

• Business relationships

• Housing opportunities

• Volunteer positions

• Educational opportunities

For many people, the criminal case has been over for a long time.

They completed probation. Finished the deferred judgment. Paid what they owed. Stayed out of trouble. Built a career. Raised a family. Moved forward.

But the old record keeps following them.

If the record can legally be sealed, it may no longer have to keep appearing in ordinary public background searches.

That is why record sealing can matter so much.

Will Sealing My Record Guarantee Me a Job?

No.

No lawyer should promise that sealing a criminal record guarantees employment. Employers make hiring decisions for many different reasons.

But that is not the real question.

The better question is:

If your criminal record can legally be sealed, why leave it publicly accessible to ordinary background searches?

A properly sealed eligible record should not appear in an ordinary public criminal-history search.

For someone who has been repeatedly forced to deal with an old criminal case during job applications, that can remove a major barrier.

The Bottom Line: Will Employers See a Sealed Colorado Criminal Record?

For an ordinary public employment background check, a properly sealed Colorado criminal record should not appear.

That is the good news.

The sealed case is removed from ordinary public access. Colorado law also provides important protections concerning disclosure of sealed criminal justice records, and consumer reporting laws restrict the reporting of sealed criminal history.

For someone whose old criminal case continues to interfere with employment opportunities, that can make a real difference.

So the first question should be:

Can Your Colorado Criminal Record Be Sealed?

Dismissed cases. Deferred judgments. Many misdemeanor convictions. Even some felony convictions.

Colorado law has expanded.

Do not assume you do not qualify.

Let us check.

Contact Colorado Criminal Defense to find out whether your record may qualify for sealing.

Call or text: 719-520-3968

This article provides general information about Colorado law and is not legal advice. Every case is different. Eligibility for record sealing and the effect of a sealing order can depend on the specific facts, offense, disposition, background check, employment position, and applicable law.