Colorado: Adult Non-Conviction Arrests (CO-NC-1)

Records relating to any arrest for which no charges were filed and the person completed a diversion agreement, or the statute of limitations has run, or the statute of limitations has not run but the person is no longer being investigated, can be sealed by the court immediately. Colo. Rev. Stat. § 24-72-704.

Record Detail(s)

No conviction obtained

Charges not filed

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

There is no statutory language on ineligibility.

Procedure General

The petition must be filed in the district court of the district in which the arrest occurred and criminal records are located. For the specific procedure, see Colo. Rev. Stat. § 24-72-704.

Fees

There is no statutory language on fees.

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. Colo. Rev. Stat. § 24-72-703.

Forms

Sealing petition forms can be found here.

Waiting Periods

There is no waiting period. If, however, a criminal offense is not charged because of a plea agreement in a separate case, the offense records are eligible for sealing when the conviction records in the separate case are eligible. C.R.S. § 24-72-703(12)(a)(II).

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