If you have a criminal record in Colorado Springs and you're looking for a fresh start, you've probably heard terms like "expungement" and "record sealing" without being entirely clear on what they mean or whether you qualify. A criminal record can affect your ability to get hired, rent an apartment, or pursue certain professional licenses. Understanding your options under Colorado law can help you determine whether you can limit public access to that record and what steps you need to take.
This guide explains how expungement and record sealing work in Colorado Springs, what the eligibility requirements are, what the process involves, and how a lawyer can help you navigate the legal system. We'll also cover common mistakes people make when filing on their own and what you should expect in terms of costs and timelines.
Understanding Colorado's Record Sealing and Expungement Laws
Colorado law distinguishes between record sealing and expungement, though people often use these terms interchangeably. Record sealing restricts who can see your criminal record but doesn't erase it entirely. Expungement—also called "expunction" in some states—refers to the actual destruction of records, which is much rarer in Colorado.
Under Colorado law, most petitions to clear your record fall under the category of sealing rather than true expungement. When a record is sealed, it's hidden from most public background checks, meaning employers, landlords, and educational institutions typically won't see it. However, certain government agencies and law enforcement can still access sealed records under specific circumstances.
Colorado Revised Statutes § 24-72-701 through § 24-72-710 govern record sealing for criminal convictions, while § 24-72-702 covers the sealing of records for cases that didn't result in conviction (such as dismissals or acquittals). Juvenile records have their own rules under § 19-1-306.
What Records Can Be Sealed in Colorado Springs
Not every criminal record is eligible for sealing in Colorado. The type of offense, the outcome of your case, and how much time has passed since the conviction or case closure all matter.
You may be eligible to petition for record sealing if:
- Your case was dismissed, you were acquitted, or the charges were never filed after an arrest
- You completed a deferred judgment or deferred sentence
- You were convicted of certain petty offenses, misdemeanors, or felonies after waiting the required period
- You were convicted as a juvenile and have met specific waiting periods and requirements
Certain convictions are never eligible for sealing under Colorado law, including:
- Class 1 or Class 2 felonies
- Level 1 or Level 2 drug felonies
- Felonies involving violence, sex offenses, or crimes against children
- DUI or DWAI convictions (traffic offenses involving alcohol or drugs)
- Any offense requiring sex offender registration
If your conviction involved domestic violence, you may still be eligible to petition for sealing, but the waiting period is longer and additional requirements apply.
Waiting Periods Before You Can File
Colorado law requires specific waiting periods between the completion of your sentence and when you can petition to seal your record. These timelines vary based on the type and severity of the offense.
For cases that didn't result in conviction (dismissals, acquittals, or no charges filed), you can typically petition immediately or shortly after the case is closed.
For convictions, the waiting periods are:
- Petty offenses and municipal violations: One year after the date of the final disposition or release from supervision, whichever is later
- Misdemeanor convictions: Three years after the date of the final disposition or release from supervision
- Drug misdemeanor convictions: Two years (if only one drug conviction is on your record)
- Felony convictions (for eligible felonies): Five years after the date of the final disposition or release from supervision
- Drug felonies (Level 3 or 4): Seven years if it's your only felony conviction
You must also complete all terms of your sentence—including probation, parole, victim restitution, and fines—before the waiting period begins. If you were convicted of multiple offenses, the court looks at the most serious conviction to determine your waiting period.
The Record Sealing Process in Colorado Springs
Sealing your record in Colorado Springs involves filing a petition with the court that handled your case. If your case was in El Paso County, you'll file with the El Paso County District Court or the appropriate municipal court, depending on where the charges were filed.
Here's what the process typically involves:
Step 1: Obtain Your Criminal History
Before you file, you need a copy of your Colorado Bureau of Investigation (CBI) criminal history report. This shows all your Colorado arrests and convictions. You can request this report directly from the CBI, and it costs around $7. This step ensures you know exactly what's on your record and whether you qualify for sealing.
Step 2: Prepare and File Your Petition
You'll need to complete a petition to seal your criminal records, which includes information about the case, the charges, the outcome, and why you're seeking to have the record sealed. The petition must include specific case numbers, dates, and jurisdictions. You'll file this petition with the court clerk in the court where your case was handled.
There's a filing fee, which varies by court but is typically between $150 and $250. If you can't afford the fee, you can file a motion to waive the fee based on indigency.
Step 3: Serve Notice to the District Attorney
Colorado law requires you to notify the district attorney's office that prosecuted your case. The DA has the opportunity to object to your petition. Common reasons for objection include incomplete waiting periods, ineligible offenses, or pending criminal charges.
Step 4: Wait for the Court's Decision
If the DA doesn't object, the court may grant your petition without a hearing. If the DA does object, the court will schedule a hearing where both sides can present arguments. At the hearing, the judge considers factors like the nature of the offense, your conduct since the conviction, your need for sealing (such as employment or housing), and whether sealing serves the public interest.
The entire process can take anywhere from a few weeks to several months, depending on the court's schedule and whether any objections are filed.
Common Mistakes to Avoid
Filing a petition to seal your record without legal help is possible, but many people make errors that delay or derail their petitions. Here are mistakes to watch out for:
Filing too early: If you haven't completed your sentence or waited the full statutory period, your petition will be denied. Make sure you've finished probation, paid all fines and restitution, and met the waiting requirement for your specific offense.
Incomplete paperwork: Your petition must include accurate case numbers, dates, and jurisdictions. Missing or incorrect information can result in rejection or delays.
Failing to serve the district attorney properly: If you don't follow the rules for notifying the DA, your petition may be dismissed on procedural grounds.
Requesting sealing for ineligible offenses: If you petition to seal a conviction that's specifically excluded under Colorado law (such as a DUI or a sex offense), you'll waste time and money. Double-check eligibility before you file.
Not addressing multiple convictions: If you have more than one conviction, the court looks at your entire criminal history. You may need to address whether other offenses affect your eligibility.
How a Lawyer Can Help
While you can file a petition on your own, many people find it helpful to work with a Colorado criminal defense attorney who handles record sealing. A lawyer can review your CBI report, determine whether you qualify, prepare and file the petition correctly, and represent you if the DA objects or if a hearing is required.
An attorney can also explain how sealing your record interacts with other legal issues, such as immigration status, professional licensing, or firearm rights. For example, even if your record is sealed, certain licensing boards and federal agencies may still have access to it.
If you're not sure whether you qualify or if your case involves complications—like multiple offenses, out-of-state convictions, or deferred judgments—legal guidance can save you time and increase your chances of success.
What Happens After Your Record Is Sealed
Once the court grants your petition, the records related to your case are sealed. This means:
- Most employers, landlords, and the public cannot see the sealed record on background checks
- You can legally answer "no" on most job applications that ask if you've been convicted of a crime (with some exceptions for government jobs, jobs working with vulnerable populations, or positions requiring security clearances)
- The arrest and conviction won't appear on standard CBI or FBI background checks
However, sealed records are not destroyed. Law enforcement, courts, and certain government agencies can still access them under specific circumstances. For example, if you're charged with a new crime, prosecutors can see your sealed record. Likewise, if you apply for a job that requires a high-level security clearance or involves working with children, you may still need to disclose the sealed conviction.
Sealing is not the same as a pardon or having your conviction set aside. It doesn't restore rights that were lost due to the conviction, such as firearm ownership rights for certain felonies. If restoring those rights is important to you, you may need to pursue additional legal remedies, such as a pardon from the governor.
Expungement vs. Record Sealing: What's the Real Difference?
In everyday conversation, people often say "expungement" when they mean "record sealing," but Colorado law treats these as distinct concepts. True expungement means the record is destroyed entirely—wiped from existence. Record sealing means the record still exists but is hidden from public view.
Colorado allows true expungement in very limited circumstances, primarily for:
- Arrests that didn't lead to charges
- Cases involving mistaken identity or factual innocence
- Certain juvenile offenses
For most adult criminal convictions, sealing is the only option available. Even then, the sealed record remains in the system and can be accessed by law enforcement and certain government agencies.
Costs and Timelines
The cost to seal your record in Colorado Springs varies depending on whether you hire a lawyer. If you file on your own, expect to pay court filing fees of roughly $150 to $250, plus the cost of obtaining your CBI report.
If you hire an attorney, legal fees for record sealing typically range from $1,000 to $3,000, depending on the complexity of your case. Cases that require a hearing, involve multiple offenses, or face objections from the district attorney may cost more.
The timeline also varies. If there are no objections and your paperwork is complete, you may receive a decision within a few weeks. If the DA objects or a hearing is required, the process can take several months.
Finding the Right Lawyer in Colorado Springs
If you're considering hiring a lawyer to help with record sealing, look for a Colorado criminal defense attorney with experience in post-conviction relief. When you reach out, ask:
- Have you handled record sealing petitions in El Paso County or Colorado Springs?
- What's your success rate with these petitions?
- What will the process involve, and how long does it typically take?
- What are your fees, and what's included?
- Do you offer a free consultation to review my case?
A good lawyer will review your criminal history, explain your options honestly, and let you know up front if you qualify or if there are obstacles to sealing your record. They should also explain what sealing will and won't do—so you have realistic expectations about the outcome.
You can search for Colorado criminal defense attorneys who handle expungement and record sealing through legal directories, local bar associations, or referrals from people you trust. Make sure the lawyer you choose is licensed to practice in Colorado and familiar with the specific procedures in El Paso County.
Having a criminal record doesn't have to limit your future indefinitely. If you meet Colorado's eligibility requirements and follow the proper legal process, you may be able to seal your record and move forward with greater opportunities in employment, housing, and education. Whether you file on your own or work with an attorney, understanding the rules and avoiding common mistakes will give you the best chance of success.
Frequently Asked Questions
What's the difference between expungement and record sealing in Colorado Springs?
In Colorado, record sealing restricts public access to your criminal record but doesn't destroy it—law enforcement and certain government agencies can still see it. True expungement means the record is entirely destroyed and removed from all systems. Colorado allows expungement only in very limited cases, such as arrests that didn't lead to charges or cases involving mistaken identity. For most adult convictions, sealing is the only option available, and even sealed records remain accessible to courts and law enforcement under specific circumstances.
How long do I have to wait after a conviction to petition for expungement in Colorado?
The waiting period depends on the severity of your conviction. For petty offenses, you must wait one year after completing your sentence or supervision. Misdemeanor convictions require a three-year wait, though drug misdemeanors may only require two years if it's your only drug conviction. Eligible felony convictions require a five-year waiting period, while Level 3 or Level 4 drug felonies require seven years. The waiting period starts after you've completed all terms of your sentence, including probation, parole, fines, and restitution.
Will expungement remove my arrest record from background checks used by employers?
If your record is sealed, it typically won't appear on standard background checks used by most private employers, landlords, or educational institutions. You can generally answer "no" when asked if you've been convicted of a crime on most job applications. However, certain government jobs, positions requiring security clearances, or roles working with vulnerable populations may still require disclosure or may have access to sealed records. Sealed records are not destroyed, and law enforcement and certain government agencies can still view them under specific circumstances.
What mistakes should I avoid when filing for record sealing in Colorado Springs?
Common mistakes include filing before you've completed the required waiting period or finished all terms of your sentence, submitting incomplete or inaccurate paperwork with wrong case numbers or dates, failing to properly serve notice to the district attorney's office, petitioning to seal offenses that are specifically excluded under Colorado law (like DUIs or sex offenses), and not addressing how multiple convictions on your record affect your eligibility. Double-check all requirements and deadlines before filing to avoid delays or rejection.
How much does it cost to hire a lawyer for expungement in Colorado Springs?
Legal fees for record sealing in Colorado Springs typically range from $1,000 to $3,000, depending on the complexity of your case. Simpler cases with no objections may cost less, while cases requiring hearings, involving multiple offenses, or facing opposition from the district attorney may cost more. In addition to attorney fees, expect to pay court filing fees of roughly $150 to $250 and a small fee for obtaining your CBI criminal history report. Some attorneys offer free initial consultations to review your eligibility.