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Colorado law allows for automatic sealing of certain types of criminal records, depending on certain criteria, as outlined below. Automatic sealing is a relatively new feature in Colorado record sealing law. If you have further questions about automatic record sealing in Colorado, contact A. Moffitt Law. Automatic Sealing of Conviction Records - Starting 7/1/2024: Your conviction record may be automatically sealed if:
1. you have an eligible conviction record;
2. you have waited a certain amount of years:
- For civil infraction - 4 years since final date of disposition
- For petty offenses or misdemeanors - 7 years since final date of disposition
- For felonies - 10 years since final date of disposition or release from
supervision, whichever is later;
3. restitution has been paid in full in your case;
4. you are not currently charged with or have not been convicted of another crime
since completing your sentence; and
5. your conviction is not for a crime under the Victim's Rights Act, which are not
eligible for auto-sealing.
The District Attorney may object to auto-sealing of a felony conviction record if there is a public safety objection.
Automatic Sealing of Drug Convictions- Starting 2/1/2024
Your drug conviction may be eligible for automatic sealing if:
1. you have an eligible drug conviction record;
2. you have waited a certain amount of years:
- For misdemeanors and petty drug offenses, automatic sealing 7 years after the
"disposition of the case."
- For felony drug offenses, 10 years after the "disposition of the case.";
3. restitution has been paid in full in your case;
4. you are not currently charged with or have not been convicted of another crime
since completing your sentence.
The State Court Administrators Office shall develop a list of drug convictions eligible for sealing under the current law by February 1, 2024. Between February and July 2024, the court and the District Attorney may review the list of names to confirm eligibility based on crime and whether the waiting period has elapsed. By July 1, 2024, eligible conviction records shall be sealed. C.R.S. 13-3-117.
Defendants can still petition for sealing at an earlier time if are otherwise eligible through the petition-based process.
For arrests after January 1, 2022, all arrest records within CBI shall be sealed one year after the date of the arrest if no charges have been filed. After one year, CBI has 60 days to complete the sealing unless they have received notice from the court or prosecutor that a case has been filed.
For arrests between January 1, 2019 and January 1, 2022: If no charges are filed, felony arrests for crimes with a statute of limitations of 3 years shall be sealed 3 years after the date of the arrest. If no charges are filed, misdemeanor traffic, petty offense, and municipal ordinance violations shall be sealed 18 months after the date of the arrest.
Arrests with no charges filed in 2013 to 2018 – sealed by January 1, 2023.
Arrests with no charges filed in 2008 to 2012 – sealed by January 1, 2024.
Arrests with no charges filed in 2003 to 2007 – sealed by January 1, 2025.
Arrests with no charges filed in 1997 to 2003 – sealed by January 1, 2026.
All other pre-2022 arrests with no charges filed shall be sealed by January 1, 2027.
Arrests for crimes with a statute of limitations over 3 years are not eligible for automatic sealing but can be sealed by petition. The petition is always available for earlier sealing of any offenses pursuant to additional provisions of CRS § 24-72-704.
If you have further questions about automatic record sealing in Colorado, contact A. Moffitt Law.
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