Expungement Versus Record Sealing

After an arrest, and following a criminal conviction, your record can follow you for some time to come. Job applications, rental applications, and even some loan applications require you to disclose whether you have been arrested for or convicted of a criminal offense. Depending on the nature of the offense and the circumstances you find yourself in, a criminal record — of an arrest or conviction — could affect your ability to be hired for a certain type of job, to live in a particular place, or even to find a creditor. Accordingly, you may be wondering about your eligibility to have your criminal record sealed or expunged.

Record sealing and expungement are two separate things in Colorado, and it is important to understand what each involves and whether you are eligible for record sealing or expungement. Our Denver criminal defense attorneys can tell you more, and we can speak with you today about your options for record sealing or expungement.

Record Sealing and Expungement Are Two Separate Processes 

Generally speaking, under Colorado law, the terms “expungement” and “sealing” refer to two separate processes, although both are related to preventing your criminal record from being accessible.

Expungement refers to the complete destruction of a criminal record, meaning that it no longer exists. Differently, record sealing prevents a criminal record from being publicly accessible, and typically prevents the record from showing up on a routine background check.

Who Can Have Records Expunged or Sealed? 

Expungement only applies to a limited set of offenses in Colorado, primarily those involving juveniles. In general, only juvenile records and underage DUI/DWAI records can be expunged. The only other types of records available for expungement are arrest and criminal records that did not result in charges being filed and that are based on mistaken identity.

Adult criminal records generally can only be sealed, not expunged. Under a relatively recent change to Colorado law, more records are now eligible to be sealed — the waiting periods to seek record sealing can vary among them, however. The types of criminal records that cannot be sealed include:

• Sex offenses;
• Class 1 and Class 2, and Class 3 felony offenses;
• Level 1 drug felonies;
• Domestic violence convictions; and
• Class 1 and Class 2 misdemeanor traffic offenses.

Certain other traffic offenses are also ineligible for sealing, including Class A and Class B traffic infractions, as well as offenses involving a commercial driver’s license (CDL).

Timelines for Record Sealing Eligibility

 Some criminal records do not have a waiting period before they can be sealed. It may be possible to seal the following types of records immediately:

• Arrest records where there were no criminal charges;
• Dismissed cases;
• Acquittals;
• Cases where the defendant completes a diversion program, or deferred judgment; and
• Offenses that were pardoned.

Otherwise, timelines vary based on the offense. Some record sealing petitions can be filed one year after the disposition of the case, while others may have a waiting period of up to 5 years.

Contact a Denver Criminal Defense Attorney 

If you want to find out about having a juvenile record expunged or another type of criminal record sealed, one of the experienced Denver criminal defense lawyers at DeChant Law can assist you. Contact us today to get started on your case.

Sources:

leg.colorado.gov/bills/hb19-1275

casetext.com/statute/colorado-revised-statutes/title-24-government-state/public-open-records/article-72-public-records/part-7-criminal-justice-record-sealing/section-24-72-702-effective-712025-expungement-of-arrest-records-in-case-of-mistaken-identity-definitions