Colorado Springs Record Sealing and Expungement Lawyer
CLEAR YOUR CRIMINAL RECORD IN COLORADO
On This Page
- Clearing Your Record in Colorado
- Sealing vs. Expungement in Colorado
- What Sealing Does and Does Not Do
- Dismissed Cases, Acquittals, and Arrests Without Charges
- Sealing Conviction Records
- Convictions That Generally Cannot Be Sealed
- Automatic Sealing Under the Clean Slate Law
- Municipal Court Records
- Common Sealing Situations
- The Sealing Process Step by Step
- Working With a Colorado Springs Record Sealing Lawyer
- Frequently Asked Questions
- Sources
Clearing Your Record in Colorado
A criminal record can follow a person long after the case is over. Old arrests, dismissed charges, and convictions from years ago can show up on background checks for jobs, apartments, professional licenses, and volunteer work, even when the person has done everything asked of them since.
Colorado has expanded record sealing significantly in recent years. Many dismissed cases are now sealed at the end of the case, many convictions can be sealed after a waiting period, and a Clean Slate law now seals some older records automatically. The rules are detailed, though, and small differences in the type of case or the waiting period decide whether a record qualifies.
This page explains how sealing works in Colorado, which records qualify, the waiting periods, the records that generally cannot be sealed, and how the process works in El Paso County and the surrounding counties.
Sealing vs. Expungement in Colorado
Many people search for "expungement," but for adult criminal records, Colorado uses sealing. The difference matters:
- Sealing removes the record from public view. Most employers, landlords, and members of the public can no longer see it, but the records still exist and remain available to criminal justice agencies and in certain other situations.
- Expungement in Colorado generally refers to juvenile records under the Children's Code. Juvenile expungement treats the record as if it never existed for most purposes. See our juvenile defense page.
When this page refers to clearing an adult record, it means sealing.
What Sealing Does and Does Not Do
Once a record is sealed, public agencies asked about it must respond that no such record exists, except when the request comes from criminal justice agencies. In most situations, a person may legally answer questions about a sealed record as though the case never happened. Employers, landlords, and educational institutions generally may not ask about sealed records.
Sealing has limits:
- Sealed records are not destroyed. Courts, prosecutors, and law enforcement can still access them.
- Sealing a conviction does not vacate it. It may still count for sentencing if there is a later case, and a new conviction can lead to the sealed record being made available to the court and prosecution.
- Some employers and licensing agencies, including those covered by federal law or that work with children or vulnerable adults, may still have access in certain circumstances.
- Information already published by private background check companies or news outlets is not automatically removed, though there are procedures to request updates.
- Sealing does not restore firearm rights lost because of a felony conviction.
Dismissed Cases, Acquittals, and Arrests Without Charges
Cases That Ended Without a Conviction
Under C.R.S. 24-72-705, the court must seal the record when a case ends in any of the following, unless a charge is covered by the Victim Rights Act:
- acquittal of all charges;
- complete dismissal of the case;
- completion of a diversion program; or
- completion of a deferred judgment with all counts dismissed.
This sealing is meant to happen at the end of the case, without a separate petition, and there is no filing fee. When a charge falls under the Victim Rights Act, such as assault, domestic violence, or stalking, the prosecutor or victim can request a hearing first.
Exceptions apply. A case dismissed as part of a plea deal in another case cannot be sealed until the other case is eligible. Cases involving only traffic offenses, deferred judgments based on unlawful sexual behavior, and some underage alcohol and marijuana offenses are handled differently.
Arrests Without Charges
Under C.R.S. 24-72-704, a person arrested but never charged can ask to seal the arrest record if the statute of limitations has run, the person is no longer under investigation, or the person completed diversion without charges. The petition is filed in the district court where the arrest occurred. If no one objects, the court can grant it without a hearing.
Sealing Conviction Records
Under C.R.S. 24-72-706, many convictions can be sealed by filing a motion in the original case after a waiting period. The waiting period runs from final disposition of the case or release from supervision, whichever is later.
| Type of Conviction | Waiting Period for a Motion |
|---|---|
| Petty offenses and drug petty offenses | 1 year |
| Class 2 and class 3 misdemeanors, drug misdemeanors, and a level 4 drug felony for drug possession | 2 years |
| Class 1 misdemeanors, class 4, 5, and 6 felonies, and other level 3 and 4 drug felonies | 3 years |
| All other eligible offenses | 5 years |
Additional requirements apply:
- Every conviction in the case must be eligible. If one count in a case cannot be sealed, the case generally cannot be sealed.
- Restitution must be paid or the restitution order vacated.
- One motion per year. A person may file a conviction sealing motion only once in a 12-month period.
- Prosecutors and victims can object and take part in a hearing.
In deciding whether to seal a conviction, the court considers the severity of the offense, the person's criminal history, and any government need to retain the record.
Multiple Convictions
People with convictions in several cases can file a single petition covering multiple cases under C.R.S. 24-72-709, with longer waiting periods and limits on the number of convictions. Generally, the person must have no new conviction since the last case ended.
Conduct That Is No Longer Illegal
When Colorado legalizes conduct that was once a crime, such as possession of small amounts of marijuana by adults, a person can ask to seal a conviction for that conduct with no filing fee and no waiting period.
Human Trafficking Survivors
People convicted of offenses committed as a result of being a victim of human trafficking can seek sealing at any time.
Convictions That Generally Cannot Be Sealed
Some convictions are excluded from sealing, including:
- DUI and DWAI convictions
- traffic offenses and traffic infractions
- offenses involving unlawful sexual behavior and sexual assault
- child abuse and other offenses against children
- offenses with a domestic violence factual basis
- crimes of violence and extraordinary risk crimes
- felonies listed in the Victim Rights Act
- class 1, 2, and 3 felonies and level 1 drug felonies
- special offender drug convictions
- identity theft
- certain animal cruelty offenses
The Misdemeanor Exception
Even an excluded misdemeanor may be sealed if the prosecutor agrees, or if the court finds by clear and convincing evidence that the need for sealing is significant and substantial, that the passage of time means the person is no longer a threat to public safety, and that public disclosure is no longer needed to protect or inform the public. This exception is especially important for older misdemeanors that would otherwise stay public permanently.
A DUI conviction is excluded from regular sealing and can be sealed only under the narrow misdemeanor exception above, but a DUI arrest that ended in dismissal or acquittal usually can. Because of these rules, the way a case is resolved in the first place can decide whether it can ever be sealed. That is one reason to talk with a defense lawyer before accepting any plea. See our DUI page.
Automatic Sealing Under the Clean Slate Law
Colorado's Clean Slate laws, passed in 2022 and expanded in 2024, seal many older conviction records automatically, without a motion. According to a December 2025 article in Colorado Lawyer, automatic sealing applies when the offense is eligible, there is no later conviction, restitution is paid, and the waiting period has passed:
- Civil infractions: 4 years after final disposition
- Petty offenses and misdemeanors: 7 years after final disposition
- Eligible felonies: 10 years after final disposition or release from supervision, whichever is later
The state court administrator compiles lists of eligible cases each quarter. Prosecutors have 45 days to object on limited grounds, and courts then enter sealing orders. Automatic sealing began for misdemeanors and petty offenses in July 2024 and for felonies in July 2025, and processing delays have affected some cases.
Automatic sealing does not replace the motion process. Because the waiting periods for a motion are much shorter, many people choose to file rather than wait. A lawyer can also check whether a record that should have been sealed automatically was missed.
Municipal Court Records
Convictions from municipal courts, including Colorado Springs Municipal Court, can be sealed under C.R.S. 24-72-708.
Generally, the petition can be filed three years after the case ended or supervision was completed, if the person has had no felony, misdemeanor, or misdemeanor traffic conviction since. Domestic violence municipal offenses and commercial driver traffic offenses are excluded. The petition can be filed in the municipal case or in district court.
Common Sealing Situations
A DUI Arrest That Was Reduced or Dismissed
A DUI or DWAI conviction is excluded from regular sealing and can be sealed only under the misdemeanor exception, but a DUI case that was dismissed can be. When a DUI charge was reduced to a non-alcohol traffic offense, the remaining conviction is usually a traffic offense, which is also excluded from regular sealing. Understanding these rules before a plea is entered can make a long-term difference.
Old Drug Convictions
Colorado has reduced penalties for many drug offenses over the past decade, and many drug convictions, including drug misdemeanors and lower-level drug felonies, can be sealed after a waiting period. Convictions for conduct that is now legal, such as possession of small amounts of marijuana by adults, can be sealed without a waiting period or fee.
Deferred Judgments
A completed deferred judgment ends with dismissal, and the case is generally sealed at that point. A deferred judgment that was revoked results in a conviction, which then follows the conviction rules.
Job Applications and Licensing
Many people seek sealing because of a job offer, a professional license, or a background check for housing. Sealing can take several months from filing to order, so starting early helps. Some licensing agencies and employers in sensitive fields may still have access to sealed records, so it is worth asking how a specific agency treats them.
Military and Security Clearances
Military enlistment and federal security clearance applications may ask about arrests and convictions regardless of sealing, and different rules can apply. Service members and applicants in the Colorado Springs area should review these questions carefully before answering.
The Sealing Process Step by Step
- Gather your records. Get the case numbers, final dispositions, and dates of completion of any sentence or probation.
- Get a CBI criminal history report. Conviction sealing motions require a current Colorado Bureau of Investigation report, which costs a small fee.
- Confirm eligibility. Check the offense, the waiting period, restitution, and whether every count in the case qualifies.
- File the correct form. Colorado uses different court forms for dismissed cases, arrests without charges, single convictions, multiple convictions, and municipal cases. The filing fee is $65 for most conviction motions, with no fee for dismissed cases, and a fee waiver is available.
- Serve the prosecutor. The prosecution must receive notice and may object.
- Hearing, if needed. If there is an objection or a Victim Rights Act issue, the court holds a hearing.
- Order and notice to agencies. After the court signs the order, it is sent to agencies holding the records. Private background check companies may need to be notified separately.
Working With a Colorado Springs Record Sealing Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He helps people seal arrest records, dismissed cases, and convictions from municipal, county, and district courts in El Paso, Teller, Pueblo, and Fremont counties.
A first meeting covers your record, which cases qualify now, which will qualify later, whether a prosecutor is likely to object, and the most efficient way to clear what can be cleared.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
Can you get a record expunged in Colorado?
For adult criminal records, Colorado uses sealing rather than expungement. Expungement generally applies to juvenile records. Sealing removes the record from public view for most purposes.
How long do I have to wait to seal a misdemeanor in Colorado?
For a single case, the waiting period for a motion is 2 years for class 2 and class 3 misdemeanors and drug misdemeanors, and 3 years for class 1 misdemeanors, measured from the end of the case or supervision.
Can a felony be sealed in Colorado?
Many class 4, 5, and 6 felonies and level 3 and 4 drug felonies can be sealed after 3 years. Class 1, 2, and 3 felonies, crimes of violence, and felonies listed in the Victim Rights Act generally cannot.
Can a DUI be sealed in Colorado?
Generally, no. DUI and DWAI convictions are excluded from regular sealing, and only the narrow misdemeanor exception, which requires the district attorney's consent or specific court findings, can open the door. A DUI case that was dismissed or ended in acquittal usually can be sealed.
Are dismissed cases sealed automatically?
Dismissals, acquittals, completed diversions, and completed deferred judgments are generally sealed at the end of the case, unless a charge falls under the Victim Rights Act. It is still worth confirming that the sealing order actually issued.
Will a sealed record show up on a background check?
Most public and private background checks will not show it. Criminal justice agencies, and certain employers and licensing agencies in limited situations, may still have access.
How much does it cost to seal a record in Colorado?
There is no filing fee for sealing dismissed cases. Most conviction sealing motions have a $65 court filing fee, a petition for an arrest without charges costs more, and fee waivers are available.
Can I seal a record if I still owe restitution?
Generally, no. Restitution must be paid in full, or the restitution order vacated, before a conviction can be sealed.
Can I seal my record if I have a new case?
A pending case or a new conviction usually affects eligibility. Sealing generally requires no intervening conviction, and the waiting periods are measured from the end of the most recent case.
Do I need a lawyer to seal my record?
You can file on your own, and the courts provide forms. A lawyer can confirm eligibility, handle objections and hearings, and make sure every record that qualifies is included, which is especially helpful for older cases or records in several counties.
Sources
- C.R.S. 24-72-704, Sealing arrest records when no charges filed
- C.R.S. 24-72-705, Sealing records after dismissal or acquittal
- C.R.S. 24-72-706, Sealing conviction records
- C.R.S. 24-72-708, Sealing municipal conviction records
- 12th Judicial District Access to Justice Committee, Sealing Criminal Records (January 2026, posted by the Colorado Judicial Branch)
- Colorado Lawyer, Automatic Record Sealing in Colorado (December 2025)
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