Colorado: Adult Convictions (CO-C-15)

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).

Record Detail(s)

Misdemeanor

Drug offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

Offenses listed in C.R.S. § 24-4.1-302(1) are ineligible for sealing. Offenses listed in C.R.S. § 24-72-706(2)(a) are ineligible for sealing, unless the district attorney consents or the court finds that the need for sealing is substantial, the person is no longer a threat to public safety, and public disclosure of the record is no longer necessary. C.R.S. § 24-72-706(2).

Procedure General

The petition must be filed in the court of conviction. For the specific procedure, see C.R.S. § 24-72-706.

Fees

There is a processing fee of $65, which the court can waive upon a determination of indigency. C.R.S. § 24-72-706(1)(h).

Effect

Sealing does not deny access to any court, law enforcement agency, prosecuting attorney, or person or entity required by law to conduct a criminal history check. The person and all criminal justice agencies can reply to all inquiries that public criminal records do not exist. Employers, educational institutions, state and local government agencies, officials, and employees are prohibited from inquiring into sealed records on applications or in interviews, with exceptions. C.R.S. § 24-72-703.

Forms

Sealing petition forms can be found here.

Waiting Periods

The petition can be filed two years after final disposition or release from supervision, whichever is later.

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