If you have a criminal record in Westminster and you're wondering whether you can clear it or limit who can see it, you're dealing with two distinct legal processes in Colorado: expungement and record sealing. These aren't interchangeable terms, and understanding the difference matters when you're trying to move forward with your life—whether that means applying for a job, renting an apartment, or simply reducing the stigma of a past conviction or arrest.
This guide explains how expungement and record sealing work under Colorado law in 2026, what types of records qualify, how the process works in Westminster specifically, and what you can realistically expect in terms of timing and outcomes. We'll also cover when you might need a lawyer's help and how to find one who handles these cases.
Understanding Colorado's Record Relief Laws
Colorado law treats expungement and sealing as two separate procedures with different eligibility rules and different outcomes. Both are designed to help people move past criminal records, but they work in fundamentally different ways.
Expungement in Colorado means the actual destruction of criminal records. When a record is expunged, law enforcement agencies, courts, and prosecutors are required to physically destroy or return the records. After expungement, you can legally state that the arrest or charge never occurred. However, expungement is available only in very limited circumstances under Colorado Revised Statutes § 24-72-706.
Record sealing, governed by Colorado Revised Statutes § 24-72-702 through § 24-72-705, means the records still exist but are hidden from public view. Sealed records don't appear in most background checks, and you generally don't have to disclose them to employers or landlords. However, certain government agencies—including law enforcement and some licensing boards—can still access sealed records under specific circumstances.
Most people seeking record relief in Colorado are actually eligible for sealing, not expungement. The vast majority of convictions and many arrests can potentially be sealed, while expungement is reserved primarily for cases that were dismissed, resulted in acquittal, or involved certain juvenile offenses.
What Records Can Be Expunged in Westminster?
Colorado law is strict about what qualifies for true expungement. You can petition for expungement if:
- You were arrested but never charged, or charges were dismissed before trial
- You were acquitted at trial (found not guilty)
- The conviction was reversed on appeal and charges were dismissed
- You completed a deferred judgment or deferred sentence and the case was dismissed
- You were a victim of identity theft and someone else's crime was wrongly attributed to you
- Certain juvenile records meet specific criteria under Colorado law
If your case falls into one of these categories, expungement means the Westminster Police Department, the Adams County or Jefferson County courts (depending on where your case was heard), and the Colorado Bureau of Investigation will destroy the records entirely. This is the most complete form of record relief available.
You cannot expunge a conviction that resulted in a guilty plea or guilty verdict unless the conviction was later overturned. For most convictions, sealing is your only option.
What Records Can Be Sealed in Westminster?
Colorado's sealing laws changed significantly in recent years, expanding eligibility for many types of convictions. As of 2026, you may petition to seal:
- Most misdemeanor convictions after a waiting period (varies by offense)
- Many felony convictions after a waiting period (varies by offense class and type)
- Drug possession convictions under certain circumstances
- Municipal ordinance violations in Westminster
- Arrest records where no conviction resulted (though these may also qualify for expungement)
However, Colorado law prohibits sealing certain serious offenses, including:
- Class 1 or Class 2 felonies
- Level 1 or Level 2 drug felonies
- Sex offenses requiring registration
- Most crimes of violence as defined by Colorado statute
- Traffic offenses (DUI, DWAI, most driving violations)
- Convictions involving children as victims
The waiting periods before you can petition for sealing depend on the offense level. For petty offenses and many misdemeanors, you typically must wait one to three years after completing your sentence (including probation). For felonies, the waiting period can range from three to ten years, depending on the classification.
You must also have completed all terms of your sentence, paid all fines and restitution, and have no pending criminal charges. Any new arrests or convictions during the waiting period can reset the clock or disqualify you entirely.
The Petition Process in Westminster
Whether you're seeking expungement or sealing, the process begins with filing a petition in the court that handled your case. For Westminster cases, this usually means the Westminster Municipal Court (for municipal ordinance violations), the Adams County District Court, or the Jefferson County District Court, depending on the nature and location of the offense.
Here's what the process typically involves:
Step 1: Determine Eligibility. Review your criminal record to confirm what offenses appear and whether they qualify for expungement or sealing under Colorado law. You can request a copy of your Colorado criminal history from the Colorado Bureau of Investigation.
Step 2: Obtain Necessary Forms. Colorado courts provide standardized petition forms for both expungement (Form JDF 417) and sealing (various forms depending on offense type). These are available through the Colorado Judicial Branch website or from the clerk's office at the relevant court.
Step 3: Complete the Petition. You'll need to provide detailed information about the case, including the case number, offense date, disposition (outcome), and the specific legal basis for your petition. You'll also need to demonstrate that you've met all eligibility requirements, including waiting periods and completion of sentence terms.
Step 4: File and Serve. File the petition with the court clerk and pay the required filing fee (fees vary by court and case type; fee waivers are available if you qualify based on income). You must also serve copies on the district attorney's office and any other required parties.
Step 5: Prosecutor Review. The district attorney has a statutory period to review your petition and file an objection if they believe you don't meet the eligibility requirements or if they have another legal basis to oppose sealing or expungement. In some cases, prosecutors don't object; in others, they actively contest the petition.
Step 6: Court Hearing (If Necessary). If the prosecutor objects or if the court requires additional information, you may need to attend a hearing. At the hearing, you may need to explain why sealing or expungement serves the interests of justice and address any objections raised by the prosecution. If there's no objection and the paperwork is in order, some judges will grant the petition without a hearing.
Step 7: Court Order. If the court grants your petition, it will issue an order directing the relevant agencies—police departments, courts, the CBI—to seal or expunge the records. The agencies then have a statutory period to comply.
Timing: How Long Does the Process Take?
One of the most common questions is how long it takes to get a record expunged or sealed in Westminster. The answer depends on several factors, including court schedules, whether the prosecutor objects, and how quickly agencies process the court's order.
From the time you file your petition, you can typically expect:
- Uncontested cases with no hearing: 60 to 90 days from filing to the court order
- Cases with prosecutor objections or required hearings: 3 to 6 months or longer, depending on court availability
- Time for agencies to comply with the order: 30 to 60 additional days after the court issues its order
In practice, this means the entire process—from filing to actual sealing or expungement—can take anywhere from three months to over a year. Westminster cases processed through municipal court may move faster than district court cases, but there's no guarantee.
Keep in mind that during the pendency of your petition, the record is still public and still appears on background checks. The relief doesn't take effect until the court issues its order and agencies comply.
What Happens After Your Record Is Sealed or Expunged?
Once a record is expunged, Colorado law allows you to truthfully state that the arrest or charge never occurred. You don't have to disclose it on job applications, housing applications, or in most other contexts. The records are destroyed, not just hidden.
With a sealed record, the situation is more nuanced. The record won't appear on most background checks conducted by private employers, landlords, or educational institutions. You generally don't have to disclose a sealed conviction when asked about criminal history on standard applications.
However, sealed records remain accessible to:
- Criminal justice agencies for law enforcement purposes
- Courts in subsequent criminal proceedings (a sealed conviction can still count as a prior offense for sentencing purposes if you're convicted of a new crime)
- Certain professional licensing boards, depending on the profession
- Federal agencies conducting security clearance background checks
If you're applying for a job that requires a high-level security clearance or involves working with vulnerable populations, you may still need to disclose sealed records if asked directly. In those situations, review the application language carefully and consider consulting a lawyer if you're uncertain.
Do You Need a Lawyer for Expungement or Sealing?
Colorado law allows you to file a petition for expungement or sealing on your own, without a lawyer. The court forms are designed to be accessible to self-represented individuals, and many people successfully navigate the process without legal help—especially for straightforward cases where eligibility is clear and the prosecutor doesn't object.
That said, you may want to consult with or hire a lawyer if:
- You're unsure whether your offense qualifies for expungement or sealing
- You have multiple convictions and need to determine which can be sealed and in what order
- The prosecutor has filed an objection to your petition
- Your case involves a legal gray area (for example, whether a conviction counts as a "crime of violence" under Colorado law)
- You need to appear at a hearing and present arguments to the judge
- You've been denied once and want to file an amended or subsequent petition
A lawyer who handles criminal record sealing in Westminster will understand the local prosecutors' typical positions, be familiar with the judges in Adams and Jefferson County courts, and know how to present your case most effectively. Lawyers can also ensure that all procedural requirements are met, which can prevent delays or denials based on technicalities.
When looking for a lawyer, ask about their experience specifically with Colorado expungement and sealing cases, their familiarity with Westminster courts, and their fee structure. Some lawyers charge a flat fee for uncontested petitions and an additional fee if a hearing becomes necessary. Make sure you understand what's included before you hire anyone.
Finding Legal Help in Westminster
If you decide you want a lawyer's help with your expungement or sealing petition, start by looking for Colorado criminal defense or expungement attorneys who serve Westminster and the surrounding Adams and Jefferson County areas. Many criminal defense lawyers handle these cases as part of their practice.
When you contact a lawyer, be prepared to provide:
- Details about the offense (date, court, case number if you have it)
- Information about the outcome (dismissed, acquitted, convicted, deferred judgment, etc.)
- When you completed your sentence, including probation
- Any subsequent arrests or convictions
Ask potential lawyers:
- How many expungement or sealing cases have you handled in Colorado?
- What's your success rate with these petitions?
- How much do you charge, and what does that fee cover?
- How long do you expect my case to take?
- What happens if the prosecutor objects?
You can search for Colorado lawyers who handle expungement and record sealing through legal directories that serve the Westminster area. Look for lawyers who focus on criminal defense or post-conviction relief and who are familiar with local courts.
Moving Forward with Record Relief
Clearing your criminal record in Westminster is a defined legal process with specific eligibility rules, procedural requirements, and realistic timelines. Whether you qualify for expungement or sealing depends on the nature of your offense, how much time has passed, and whether you've stayed out of trouble since your conviction or arrest.
For many people, sealing is the appropriate and achievable option. It won't erase your record entirely, but it will remove it from public view and allow you to move forward without the constant burden of disclosure. For those whose cases were dismissed or who were acquitted, expungement offers the most complete relief available under Colorado law.
If you're ready to explore whether your Westminster record qualifies for expungement or sealing, start by obtaining a copy of your criminal history and reviewing the eligibility requirements carefully. If the process seems straightforward and you're comfortable handling the paperwork, you can file a petition on your own. If your situation is complicated or you face objections, consulting with a lawyer who handles these cases can increase your chances of success and help you navigate any obstacles that arise.