Denver Record Sealing Lawyerclearing Colorado criminal records that no longer belong on background checks.
A Denver record sealing lawyer at Stuart & Ward LLP helps clients petition Colorado courts to seal criminal records that are still showing up on background checks years after a case is over. Sealing a record can change what employers, landlords, schools, and licensing boards see when they look you up.
Colorado has expanded its record sealing laws significantly in recent years. Many records that were not eligible to be sealed a decade ago are now eligible, and the process is more accessible than it used to be. But eligibility still depends on the specific charge, the disposition, and the time elapsed, and the petition process has procedural requirements that catch unrepresented people off guard.
We handle adult record sealing under Colorado law and juvenile expungement petitions across the Denver metro and statewide.
Sealing vs. Expungementtwo related remedies, with different uses.
Colorado law uses two distinct procedures to clear criminal records. The terminology is sometimes used loosely in everyday conversation, but the two remedies serve different purposes and follow different rules. A Denver record sealing lawyer can identify which remedy applies to your situation.
The primary remedy for adult criminal records. Sealing hides the record from most public view: employers, landlords, schools, and most licensing boards will not see it on a standard background check. Law enforcement, criminal justice agencies, and certain federal and licensing contexts retain access. After sealing, the person can generally deny the existence of the case on most applications.
A more complete remedy used primarily for juvenile records. Expungement removes the record from access more thoroughly than sealing does, and it is the standard remedy in juvenile cases. Some juvenile records qualify for automatic expungement; others require a petition. Adult expungement exists in narrow situations such as completion of certain diversion programs.
What a Denver Record Sealing Lawyer Looks At
Whether a Colorado criminal record can be sealed depends on three things: the nature of the disposition, the specific offense, and the time that has elapsed. The categories below cover the most common situations.
Arrests Without Conviction
Cases dismissed, acquitted, or never charged are usually eligible to be sealed immediately. No waiting period applies. This includes cases where charges were declined, where the defendant was found not guilty at trial, and where charges were dismissed before or during prosecution. These are typically the most straightforward sealing petitions.
Convictions With Waiting Periods
Most petty offenses, misdemeanors, and many felonies become eligible for sealing after a waiting period that runs from final disposition (including completion of probation and payment of restitution). Petty offenses generally require one year, misdemeanors two years, and most felonies three to five years depending on class.
Records That Cannot Be Sealed
Certain offenses remain permanently ineligible. These typically include most sex offenses, child abuse offenses, some domestic violence convictions, and certain class 1 and class 2 felonies. The list of excluded offenses has narrowed over time but remains significant. Eligibility for a specific case should be confirmed against the current statute.
How a Denver Record Sealing Lawyer Handles the Petitionfrom eligibility check through court order.
A sealing petition is a court filing with procedural requirements and the potential for objection. We handle the process end to end so you do not have to navigate the court system to clear your own record.
Eligibility & Records Review
The first step is pulling your full criminal history and confirming which records are eligible. Many people have records scattered across multiple counties, multiple courts, and sometimes both state and municipal systems. We identify everything that should be sealed and confirm eligibility against the current statute before filing.
Petition & DA Response
The petition is filed in the court that handled the original case. The District Attorney's office is served and has the opportunity to object. For straightforward petitions, the DA often does not object and the court grants the petition without a hearing. For contested petitions, we present argument and evidence at the hearing.
Court Order & Distribution
If the petition is granted, the court issues an order directing the relevant agencies to seal their records. The order must be distributed to each agency holding the record: the court itself, the Colorado Bureau of Investigation, arresting agencies, and others as applicable. We handle the distribution to ensure the order is actually implemented.
Record Sealing FAQ
What is the difference between sealing and expungement in Colorado?
In Colorado, sealing is the primary remedy for adult criminal records. A sealed record is hidden from most public view, though law enforcement and certain agencies can still access it. Expungement is used for juvenile records and certain limited adult situations, and it more completely removes the record from access. The terms are sometimes used interchangeably in everyday conversation, but they are legally distinct procedures.
Can I seal a criminal record in Colorado?
Many Colorado criminal records can be sealed, including most arrests that did not lead to conviction, most misdemeanors after a waiting period, and many felonies after a longer waiting period. Some offenses are not eligible to be sealed, including most sex offenses, child abuse offenses, and certain class 1 and class 2 felonies. Eligibility depends on the specific charge, the disposition, and the time elapsed since the case ended.
How long do I have to wait before I can seal my record?
Waiting periods vary by offense type. Dismissed cases and acquittals can usually be sealed immediately. Most petty offenses and municipal violations require a one-year waiting period after disposition. Most misdemeanors require two years. Most felonies require three to five years, depending on class. The waiting period runs from the final disposition, which usually means completion of any sentence including probation. Current waiting periods should be confirmed against the statute, as they have changed in recent years.
Does sealing a record remove it from background checks?
A sealed record will not appear on most private background checks performed by employers, landlords, or schools. Law enforcement agencies, criminal justice agencies, and certain licensing boards retain access. Federal background checks for jobs requiring federal security clearance also retain access. For most everyday purposes, a sealed record functions as if it were not there.
Do I have to tell employers about a sealed record?
Generally, no. Colorado law allows a person whose record has been sealed to deny the existence of the arrest or charges in most circumstances, including most employment applications. Exceptions exist for certain licensed positions, criminal justice employment, and federal jobs requiring security clearance. Read application questions carefully and ask counsel if you are uncertain.
Can DUI convictions be sealed in Colorado?
Colorado law on DUI sealing has changed in recent years. As of recent legislation, most DUI convictions are eligible for sealing after a waiting period, though there are exclusions and exceptions. Because the rules have shifted recently, eligibility for DUI sealing should be confirmed by counsel based on the current statute and your specific case.
What is the process for sealing a record?
Sealing is initiated by filing a petition with the court that handled the original case. The District Attorney's office is served and may object. The court may set a hearing, particularly if there is an objection or the offense is one where the court has discretion. If the petition is granted, the court issues an order to seal directed at the agencies holding the record.
Can juvenile records be expunged in Colorado?
Yes. Colorado law provides for the expungement of most juvenile records once eligibility requirements are met. The waiting period and procedure depend on the nature of the offense. Some juvenile records are eligible for automatic expungement; others require a petition. Juvenile expungement is generally more thorough than adult sealing.
Ready to Clear an Old Record?
A criminal record that no longer serves any public purpose should not still be costing you opportunities. Call Stuart & Ward LLP for a free, confidential consultation with a Denver record sealing lawyer about your eligibility.