If you're living in Denver with a criminal record that's affecting your ability to find housing, get a job, or move forward with your life, you've probably wondered whether you can clear that record. Colorado law allows certain records to be expunged or sealed, but the process, eligibility rules, and outcomes differ depending on what's on your record and when it happened. This guide explains how record expungement and sealing work in Denver, what you might qualify for, and how to navigate the process.
Understanding your options starts with knowing what Colorado law actually allows, what the differences are between expungement and sealing, and what steps you'll need to take. Here's what you need to know about clearing your criminal record in Denver in 2026.
What Record Expungement and Sealing Mean in Colorado
In Colorado, "expungement" and "sealing" are two different legal processes, and the terms aren't interchangeable. Both can limit who sees your criminal record, but they work differently and apply to different situations.
Expungement means your record is destroyed or removed entirely from most systems. In Colorado, true expungement is limited to specific situations—mainly cases that were dismissed, where you were acquitted (found not guilty), or where charges were never filed after an arrest. When a record is expunged, it's as if the arrest or charge never happened. Law enforcement may retain some internal records, but the public, employers, landlords, and most background check companies won't see it.
Sealing means your record still exists, but it's hidden from public view. Sealed records don't show up on most background checks, and you typically don't have to disclose them when applying for jobs or housing. However, certain government agencies—like law enforcement, courts, and some licensing boards—can still access sealed records under specific circumstances. In Colorado, sealing is available for a broader range of convictions than expungement, including some misdemeanors and felonies, depending on the offense and how much time has passed.
The key distinction: expungement erases the record; sealing hides it from most people but not everyone. Which option you qualify for depends on your specific case.
Who Qualifies for Expungement in Denver
Colorado law allows expungement in limited situations. You may be eligible if:
- Your case was dismissed. If charges were filed but later dismissed—whether due to lack of evidence, a plea deal, or prosecutorial discretion—you can petition to have the arrest and case records expunged.
- You were acquitted. If you went to trial and were found not guilty, you can request expungement of the arrest and court records related to that charge.
- Charges were never filed. If you were arrested but the district attorney never filed formal charges, you can seek expungement of the arrest record. In Colorado, you typically need to wait one year after the arrest date before filing for expungement in this situation.
- You completed a juvenile diversion program. Certain juvenile records may be expunged if you successfully completed a diversion or deferred judgment program.
- Your conviction was for underage possession of alcohol or marijuana (petty offense). Colorado allows expungement of some petty offenses related to underage possession once you turn 21 and meet other conditions.
Expungement is not available for cases where you were convicted of most misdemeanors or felonies. If you were found guilty or pleaded guilty, sealing is usually your only option—and even then, not all convictions qualify.
Who Qualifies for Record Sealing in Denver
Sealing is available for a wider range of offenses, but eligibility depends on the type of conviction, the sentence you received, and how much time has passed since you completed your sentence (including probation, parole, and any fines or restitution).
As of 2026, Colorado law allows sealing for:
- Most drug possession convictions. Colorado expanded sealing eligibility for drug offenses in recent years. Many drug possession convictions—including felony possession—can be sealed after a waiting period.
- Many misdemeanors. Misdemeanor convictions (excluding certain offenses like domestic violence, sexual offenses, and DUI-related crimes) may be sealed after a waiting period, typically three years from the date you completed your entire sentence.
- Some level 4, 5, and 6 felonies. Certain lower-level felonies can be sealed, usually after waiting periods ranging from three to five years, depending on the offense. Level 1, 2, and 3 felonies generally cannot be sealed.
- Convictions later vacated or reversed. If your conviction was overturned on appeal or otherwise vacated, you may be able to seal or expunge the record.
- Civil infractions and petty offenses. Some minor offenses, like certain municipal violations, may be eligible for sealing after a shorter waiting period.
Colorado law specifically prohibits sealing for:
- Most DUI and DWAI (driving while ability impaired) convictions
- Traffic offenses that resulted in death or serious bodily injury
- Most sex offenses
- Most domestic violence convictions
- Class 1 or Class 2 felonies
- Crimes of violence as defined by Colorado statute
Even if your offense falls into an eligible category, you must also meet other requirements: you can't have any pending criminal cases, you must have completed your sentence in full (including probation and restitution), and you generally can't have been convicted of a new offense during the waiting period.
The Waiting Periods You Need to Know
Colorado law requires you to wait a certain amount of time after completing your sentence before you can petition to seal a conviction. The waiting period depends on the type of offense:
- Petty offenses and municipal violations: One year
- Drug misdemeanors and drug felonies: Three years for most drug possession offenses (some exceptions apply)
- Other misdemeanors: Three years
- Level 4, 5, or 6 felonies: Five years
"Completing your sentence" means finishing everything the court ordered—jail or prison time, probation, parole, community service, fines, fees, and restitution. The clock doesn't start until all of that is done. If you violated probation and had it extended, your waiting period starts from the new completion date.
For expungement (cases that were dismissed or resulted in acquittal), there's typically no waiting period, though you may need to wait one year after an arrest if charges were never filed.
How the Expungement or Sealing Process Works in Denver
Whether you're seeking expungement or sealing, you'll need to file a petition with the court that handled your case. In Denver, that's usually the Denver County Court (for misdemeanors and petty offenses) or Denver District Court (for felonies). Here's what the process typically involves:
1. Determine your eligibility. Review your criminal record to confirm what charges or convictions you have, when your sentence was completed, and whether the offense qualifies for expungement or sealing under Colorado law. You can request a copy of your criminal history from the Colorado Bureau of Investigation (CBI).
2. Gather your case information. You'll need the case number, the date of the offense or arrest, the court that handled the case, and details about the outcome (dismissal, acquittal, conviction, sentence). Court records are available through the Colorado Judicial Branch's online database or by contacting the clerk's office.
3. Complete and file the petition. Colorado courts use specific petition forms for expungement and sealing. You'll file the petition with the court where your case was handled, along with a filing fee (fee waivers are available if you can't afford it). The petition must include information about your offense, your criminal history, and why you're requesting the record be sealed or expunged.
4. Notify the district attorney. The prosecution has a right to respond to your petition. In Denver, the Denver District Attorney's Office will receive notice of your filing and can object if they believe you don't meet the legal requirements or if sealing the record would not serve the interests of justice.
5. Attend a hearing (if required). In some cases, the court will schedule a hearing where you (or your lawyer) can explain why your record should be sealed or expunged. The district attorney may argue against it. For expungements of dismissed cases or acquittals, hearings are often not necessary—the court may grant the petition based on the paperwork alone. For sealing convictions, a hearing is more common, especially if the DA objects.
6. Receive the court's order. If the court grants your petition, it will issue an order directing law enforcement agencies, the CBI, and other entities to seal or expunge the record. The process of actually removing or restricting access to the records can take several weeks or months as the order is carried out by different agencies.
7. Confirm the record is sealed or expunged. After the court's order is processed, you can request an updated criminal history report from the CBI to verify that the record no longer appears (for expungement) or is marked as sealed.
What Happens After Your Record Is Sealed or Expunged
Once your record is expunged, you can legally say you were never arrested or charged with that offense. Employers, landlords, and others conducting background checks won't see it. You generally don't have to disclose it on job applications, rental applications, or other forms that ask about criminal history.
If your record is sealed, the same is mostly true—most employers and landlords won't see it, and Colorado law allows you to deny the existence of the sealed record in most situations. However, there are exceptions. Sealed records can still be accessed by:
- Law enforcement agencies conducting criminal investigations
- Courts in subsequent criminal cases
- State licensing boards for certain professions (like law, medicine, or education)
- Employers or agencies required by law to conduct fingerprint-based background checks (such as for jobs working with children or vulnerable adults)
For most people, though, sealing a record removes the barrier to employment, housing, and other opportunities.
Common Challenges and Mistakes to Avoid
The expungement and sealing process can be complex, and small mistakes can delay or derail your petition. Here are common issues to watch out for:
- Filing too soon. If you haven't completed your entire sentence—including probation, fines, and restitution—or if the required waiting period hasn't passed, the court will deny your petition. Double-check the dates before filing.
- Not checking your full criminal history. You need to disclose all convictions and pending cases on your petition. If you have a conviction you didn't know about, or a case you forgot, it could affect your eligibility or lead the court to deny your request.
- Incorrect forms or incomplete petitions. Colorado courts require specific information and forms. Missing documents, incorrect case numbers, or incomplete information can cause delays or denials.
- Failing to notify the district attorney. You're required to serve notice of your petition on the DA's office. Skipping this step will result in your petition being dismissed.
- Assuming all records are automatically updated. Even after a court grants your petition, you may need to follow up with the CBI, local police, and other agencies to ensure the record is actually sealed or expunged in their systems.
When You Should Consider Hiring a Lawyer
You're allowed to file a petition for expungement or sealing on your own, and many people do. Colorado provides court forms and instructions to help you through the process. However, there are situations where working with a lawyer can make a significant difference:
- Your case is complicated. If you have multiple convictions, charges in different counties, or cases with unusual circumstances, a lawyer can help you navigate the eligibility rules and filing requirements.
- The district attorney objects. If the DA opposes your petition, having a lawyer who understands Colorado criminal law and can argue your case in court improves your chances of success.
- You're not sure if you're eligible. Colorado's sealing and expungement laws have specific rules and exceptions. A lawyer can review your record and advise you on what's possible.
- You need the record sealed quickly. If you're facing a job opportunity or housing application with a deadline, a lawyer can help expedite the process and avoid delays caused by filing errors.
Many criminal defense attorneys in Denver handle expungement and sealing cases. Some offer flat fees for this type of work, which can make costs more predictable. When consulting with a lawyer, ask about their experience with Colorado record sealing, their fee structure, and what services are included (filing the petition, attending hearings, following up with agencies to confirm the record is sealed).
How to Find a Lawyer Who Handles Record Sealing in Denver
If you decide to work with a lawyer, look for someone with experience in Colorado criminal law and record sealing specifically. Here's how to find the right fit:
- Search for lawyers who focus on criminal defense or expungement. Not all lawyers handle these cases, so confirm that the attorney has experience with Colorado's sealing and expungement statutes.
- Ask about their process and fees upfront. Find out what's included in their service, how long the process typically takes, and whether they charge a flat fee or hourly rate. Many lawyers offer free or low-cost consultations.
- Check their familiarity with Denver courts. Lawyers who regularly practice in Denver County Court or Denver District Court will understand local procedures and have working relationships with court staff and prosecutors, which can smooth the process.
- Ask what happens if the petition is denied. Some lawyers will refile or appeal at no additional cost; others may charge extra. Clarify this before you hire anyone.
You can search for Colorado lawyers who handle record expungement and sealing through legal directories, bar association referral services, or by asking for recommendations from people who've been through the process.
Moving Forward with a Clear Record
Clearing your criminal record in Denver is a real option if you meet Colorado's eligibility requirements. Whether you qualify for expungement or sealing depends on the specifics of your case—what you were charged with, whether you were convicted, and how much time has passed. The process requires careful attention to deadlines, forms, and legal standards, but thousands of Coloradans successfully seal or expunge records every year.
If you're ready to take the next step, start by reviewing your criminal history, determining what you're eligible for, and gathering the information you'll need to file. If the process feels overwhelming or your situation is complex, consider reaching out to a Colorado lawyer who can guide you through it and represent you in court if needed. You can search for Denver-area attorneys who handle expungement and sealing cases to find someone who fits your needs.