Suppose you’ve ever been arrested or convicted of a crime in Colorado. In that case, you probably know that a criminal record can follow you for years—impacting everything from employment opportunities to housing and ...
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Suppose you’ve ever been arrested or convicted of a crime in Colorado. In that case, you probably know that a criminal record can follow you for years—impacting everything from employment opportunities to housing and even educational goals. Fortunately, Colorado law offers two options that can help give people a second chance: record sealing and expungement. While they are similar, these legal processes are not the same, and understanding the difference is critical when seeking to clear your name.
As a Denver expungements lawyer, I often hear clients ask: “Do I qualify for expungement, or should I pursue record sealing?” This blog will break down both options and help you better understand which may be right for your situation.
Record sealing is the process of making a criminal record invisible to the public, including potential employers, landlords, and background check agencies. While the record is not destroyed, it becomes inaccessible to most people and organizations.
What Happens When a Record Is Sealed?
When your record is sealed in Colorado:
It no longer appears on standard background checks.
You are legally allowed to say that the incident never occurred, with limited exceptions (such as when applying for law enforcement or certain government jobs).
The record still exists and can be accessed by certain entities, like courts, law enforcement, or licensing boards under specific circumstances.
Who Is Eligible for Record Sealing?
Not all offenses qualify for record sealing. Generally, you may be eligible if:
Your case was dismissed.
You were acquitted at trial.
You completed a diversion or deferred judgment program successfully.
You were convicted of a low-level, non-violent offense and have completed the required waiting period.
More serious crimes—especially violent felonies, sex crimes, DUIs, and domestic violence convictions—are often not eligible for sealing under Colorado law.
Expungement goes a step further than record sealing. It is the legal process of completely erasing a criminal record, as if the arrest or conviction never happened. The record is physically destroyed and removed from all databases.
What Happens When a Record Is Expunged?
The criminal record is deleted from court and police records.
There is no trace of the event in state databases.
You can truthfully say, even under oath, that you were never arrested or convicted of the expunged offense.
Who Qualifies for Expungement in Colorado?
In Colorado, expungement is more limited and is generally only available in specific situations, including:
Juvenile offenses (with some exceptions).
Underage drinking and driving (for first-time offenders after completing all penalties).
Arrests made due to mistaken identity or false charges.
Some municipal offenses, depending on the case and local rules.
Adult convictions (with very few exceptions) are not eligible for expungement in Colorado. Instead, adults usually must seek record sealing.
Record sealing and expungement are both legal processes that help individuals move forward from past offenses, but they have key differences. Record sealing is more widely available but is still restricted based on the type of offense. It hides the record from public view, meaning it generally won’t show up in background checks, though certain entities may still access it. It applies to both adults and juveniles, and in most cases, the individual can legally deny the record’s existence. Conversely, expungement is much more limited, primarily available for juveniles and specific cases. When a record is expunged, it is permanently destroyed and will not appear in any background checks. Those with expunged records have the full legal right to deny that the record ever existed.
Whether you're trying to seal or expunge your record, the process involves strict legal guidelines, documentation, and often a court hearing. Mistakes can lead to unnecessary delays or even denial of your petition.
A Denver expungements lawyer can help you:
Determine whether your case qualifies for sealing or expungement.
Gather and file the necessary paperwork correctly.
Represent you in court, if a hearing is required.
Improve your chances of a successful outcome.
Having an experienced legal advocate by your side can make a major difference in navigating the system and moving forward with a clean slate.
Record sealing and expungement are powerful legal tools that can help you move past your criminal history and reclaim your future. While both processes can provide relief, they serve different purposes and are governed by different eligibility rules in Colorado.
If you’re not sure where your case fits in or what steps to take, speaking with a Denver expungements lawyer is the best place to start. With the right guidance, you may be closer than you think to putting your past behind you for good.
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