Colorado: Adult Convictions (CO-C-18)

Records relating to a municipal violation may be sealed by the court three years after the later of the date of the final disposition of all criminal proceedings against the petitioner or the release of the petitioner from supervision. C.R.S. § 24-72-708(3)(a).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

The petitioner is ineligible for sealing if: (a) The petitioner has been charged with or convicted of a felony, misdemeanor, or misdemeanor traffic offense since the date of the final disposition of all criminal proceedings against the petitioner or the date of the petitioner's release from supervision, whichever is later; and (b) The conviction records sought to be sealed are for a misdemeanor traffic offense committed either by a holder of a commercial learner's permit or a commercial driver's license, as defined in section 42-2-402, or by the operator of a commercial motor vehicle, as defined in section 42-2-402.C.R.S. C.R.S. § 24-72-708(1).

Procedure General

The petition must be filed in the criminal case in which any conviction records pertaining to the petitioner for a municipal violation or petty offense are located. For the specific procedure, see C.R.S. § 24-72-708(1).

Fees

Upon filing the petition, the petitioner shall pay the filing fee required by law. C.R.S. § 24-72-708(4).

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 inquiries that public criminal records do not exist. Employers, educational institutions, and 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

There is a 3-year waiting period.

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