Sealing Criminal Records

In Colorado, records of an arrest or criminal case pertaining to an adult may be sealed. (The term "expungement" refers only to juvenile criminal records.) Records that have been sealed or expunged are inaccessible to potential employers, lenders, educational institutions, and other members of the public.

To seal records of an arrest or criminal charges in Colorado, you must file a petition in the district court for the county where the records are located and prove one of the following:

• You never were charged with an offense; or
• Your case was completely dismissed (which may include dismissal after completing the conditions of a deferred judgment); or
• You were completely acquitted of the crimes charged.

Additionally, you must prove that the public interest in retaining the records is outweighed by the harm to your privacy or dangers of unwarranted adverse consequences. Factors to be considered by the court include the severity of the criminal offense, your subsequent criminal history, reasons why Colorado governmental agencies may need to retain the criminal records, the strength of the original criminal case against you, your age and employment history, and specific adverse consequences that you might suffer if the records are not sealed. These factors are not all-inclusive, and the applicability of any particular factor must be examined on a case-by-case basis.

Under some circumstances, adult criminal records are ineligible to be sealed even though the above criteria are satisfied. For example, records pertaining to class 1 and class 2 misdemeanor traffic offenses and class A or class B traffic infractions cannot be sealed. Adult criminal records in Colorado also may not be sealed if an offense was not charged or the case was dismissed as part of a plea bargain in another case, unless sufficient time has passed since the final disposition of all criminal proceedings.

It is not uncommon for the district attorney to challenge a petition to seal criminal records even when the above criteria are satisfied. Further, judges sometimes expect proof that the public availability of the criminal records already has caused you harm. Typically, however, a person cannot reasonably afford to wait until he or she already has been denied a potential job, loan, or educational opportunity before asking a Colorado court to seal his or her criminal history. When attempting to seal criminal records, it is important to know the relevant facts and law and be prepared to present the strongest possible case.

Law enforcement agencies in will continue to have access to your criminal records even if a Colorado district court orders your adult criminal records to be sealed. However, if inquiries are made by anyone other than law enforcement personnel, the agency that has custody of the sealed records must respond that no such records exist. Additionally, after a court grants your petition to seal criminal records, you (assuming you have no other criminal records that have not been sealed) may lawfully respond to inquiries from prospective employers, lenders, or other persons by stating that you never have been arrested or charged with a crime.

Correcting Erroneous Criminal Records

Even if you are not eligible to have your criminal history sealed or expunged, you may petition to have inaccurate records corrected. Law enforcement agencies in Colorado sometimes make mistakes in classifying the offense for which a person was arrested or convicted. As a result, an arrest or conviction for a relatively minor offense may appear as a far more serious offense on publicly available criminal records. In some circumstances, you may be able to recover costs and attorneys' fees incurred to correct the inaccurate records.

Ross Pulkrabek handles petitions to seal or correct criminal records. For further information concerning sealing or correcting criminal records in Colorado, contact us.

Selected Additional Resources

• Colorado Bureau of Investigation Records Check
• § 24-72-308, C.R.S.
• R.J.Z. v. People, Case No. 03-CA-1556 (Colo. Ct. App. 2004)
• T.L.M. v. People, Case No. 00-CA-2201 (Colo. Ct. App. 2001)