Colorado (CO) — Expungement & Record Clearing

Remedy

Sealing of non-conviction records (C.R.S. § 24-72-705: dismissal, acquittal, completed diversion or completed deferred judgment); sealing of arrest records when no charges were filed (§ 24-72-704); expungement of mistaken-identity arrests (§ 24-72-702)

Waiting period

No wait for dismissals or acquittals: the court seals at disposition. For arrests with no charges filed (on or after Jan. 1, 2022), the CBI must seal within 60 days after one year has passed since the arrest.

When a case is completely dismissed, the person is acquitted of all counts, or diversion or a deferred judgment is successfully completed, the court must seal the records on its own motion. If that does not happen, the person can file a no-fee motion in the criminal case. For arrests on or after January 1, 2022 with no charges filed within a year, the Colorado Bureau of Investigation (CBI) must automatically seal its arrest record. A person who was never charged can also petition the district court once the statute of limitations has run or they are no longer under investigation.

• ✗Cases where the only charges were class 1 or 2 misdemeanor traffic offenses or class A or B traffic offenses
• ✗Deferred judgments for a felony whose factual basis involved unlawful sexual behavior
• ✗Deferred judgments involving traffic control laws for commercial driver's license holders or commercial vehicle operators
• ✗Dismissals/acquittals of Victim Rights Act crimes: the DA must be allowed to notify the victim, who may object
• ✗Charges dismissed or not filed because of a plea in another case become eligible only when that conviction case is eligible
• ✗Charges dismissed under the incompetency-to-proceed statutes (C.R.S. §§ 16-8.5-109(4), 16-8.5-113, or 16-8.5-116), as amended by SB 26-149 effective May 21, 2026

Sources: C.R.S. Title 24 (Colorado Revised Statutes 2024, official OLLS printout) (§ 24-72-705(1)(a); § 24-72-705(2); § 24-72-704(2)(a); § 24-72-704(1)(a)(II); +5 more); Colorado General Assembly - SB 26-149 Final Act (2026) (SB 26-149, Section 48 (amending C.R.S. § 24-72-705(1)(g)); SB 26-149, Section 48 (new § 24-72-705(1)(g))); Colorado OLLS - Red Book 2026 (C.R.S. sections affected by 2026 legislation) (Title 24 table)

Remedy

Sealing of conviction records by motion (C.R.S. § 24-72-706; § 24-72-709 for multiple convictions; § 24-72-708 for municipal convictions) and automatic conviction sealing (C.R.S. § 13-3-117)

Waiting period

Petty offenses: 1 year; class 2–3 misdemeanors and drug misdemeanors: 2 years; class 1 misdemeanors: 3 years. Each period runs from the later of final disposition or release from supervision. Automatic sealing: 7 years after final disposition.

Most petty-offense and misdemeanor convictions can be sealed by filing a motion in the criminal case after a waiting period, if restitution is paid and the person's criminal history shows no new conviction since the case ended. For class 2–3 misdemeanors and drug misdemeanors, the court must seal if the DA does not object and the offense is not a Victim Rights Act crime. Otherwise the court decides by weighing the person's privacy against public access. Eligible petty offenses and misdemeanors that are not Victim Rights Act crimes are also sealed automatically after 7 years without an intervening conviction.

• ✗Convictions whose factual basis involves domestic violence
• ✗Child abuse (C.R.S. § 18-6-401)
• ✗Offenses involving unlawful sexual behavior
• ✗DUI, DUI per se, and DWAI (C.R.S. § 42-4-1301(1) or (2))
• ✗Class 1 and 2 misdemeanor traffic offenses and class A and B traffic infractions
• ✗Restitution still owed
• ✗Victim Rights Act crimes are excluded from automatic sealing (they can still be sealed by motion, with victim notice)
• ✗Narrow exception: an otherwise-ineligible misdemeanor or petty offense can be sealed if the DA consents or the court finds by clear and convincing evidence that sealing is needed

Sources: C.R.S. Title 24 (Colorado Revised Statutes 2024, official OLLS printout) (§ 24-72-706(1)(b)(I); § 24-72-706(1)(b)(II); § 24-72-706(1)(b)(III); § 24-72-706(1)(e); +6 more); C.R.S. Title 13 (Colorado Revised Statutes 2024, official OLLS printout) (§ 13-3-117(1)(a.5); § 13-3-117(1)(a.5)(II)(B); § 13-3-117(1)(b))

Remedy

Sealing of conviction records by motion (C.R.S. § 24-72-706; § 24-72-709 for multiple convictions) and automatic conviction sealing (C.R.S. § 13-3-117)

Waiting period

3 years for class 4–6 felonies and level 3–4 drug felonies; 5 years for other eligible offenses not listed in a shorter category (e.g., level 2 drug felonies). Both run from the later of final disposition or release from supervision. Automatic sealing: 10 years. Multiple-conviction petitions with a felony: 10 years.

Class 4, 5 and 6 felonies and level 3 and 4 drug felonies can be sealed by motion after 3 years. The DA receives notice, and the court decides after weighing the person's privacy interests against public access. Class 1, 2 and 3 felonies (except certain pre-2013 marijuana cultivation offenses), level 1 drug felonies, crimes of violence, and felony Victim Rights Act crimes cannot be sealed. Eligible felonies can also be sealed automatically after 10 years. For non-drug felonies, automatic sealing began July 1, 2025, and the DA may object on public-safety grounds.

• ✗Class 1, 2 and 3 felonies and level 1 drug felonies (narrow exception for certain pre-2013 marijuana cultivation class 3 felonies)
• ✗Crimes of violence (C.R.S. § 18-1.3-406)
• ✗Felonies listed in the Victim Rights Act (C.R.S. § 24-4.1-302(1))
• ✗Extraordinary risk crimes
• ✗Offenses involving unlawful sexual behavior or domestic violence
• ✗Restitution still owed

Sources: C.R.S. Title 24 (Colorado Revised Statutes 2024, official OLLS printout) (§ 24-72-706(1)(b)(III); § 24-72-706(1)(b)(IV); § 24-72-706(1)(f)(III); § 24-72-706(1)(g); +7 more); C.R.S. Title 13 (Colorado Revised Statutes 2024, official OLLS printout) (§ 13-3-117(1)(a.5)(II)(C); § 13-3-117(1)(d); § 13-3-117(3)(a)(II))

Remedy

Generally excluded from conviction sealing (C.R.S. § 24-72-706(2)(a)(III)); narrow misdemeanor exception (§ 24-72-706(2)(b)); expungement of underage drinking-and-driving (UDD) convictions (court records: § 42-4-1715(1)(b); DMV records: § 42-2-121(5))

Waiting period

No sealing timeline for DUI/DWAI. UDD expungement: available once the person is over 21 and the court action has concluded.

Convictions for DUI, DUI per se, and DWAI under C.R.S. § 42-4-1301(1) or (2) are on the statute's list of convictions that cannot be sealed. A separate provision lets a court seal an otherwise-ineligible misdemeanor if the DA consents or the court finds by clear and convincing evidence that sealing is needed. Official sources do not say how courts apply this to DUI/DWAI, so treat it as a narrow, discretionary possibility. It does not reach felony DUI (a fourth or later offense). A UDD conviction (BAC 0.02–0.05 for a driver under 21) can be expunged by the court, and separately by the DMV, once the person is over 21 and meets the conditions.

• ✗DUI, DUI per se, and DWAI convictions (C.R.S. § 42-4-1301(1) or (2)) under the regular and multiple-conviction sealing statutes
• ✗Felony DUI (after three or more prior impaired-driving convictions); the misdemeanor exception does not apply
• ✗UDD expungement is unavailable if the person has another impaired-driving conviction from before age 21 or has ever held a commercial driver's license
• ✗Juvenile expungement does not cover any title 42 (traffic) offense

Sources: C.R.S. Title 24 (Colorado Revised Statutes 2024, official OLLS printout) (§ 24-72-706(2)(a)(III)-(V); § 24-72-706(2)(b) (version effective July 1, 2025)); Colorado Judicial Branch JDF 612 - Motion to Seal Conviction Records (R: July 1, 2025) (JDF 612 § 5(a)); Colorado Judicial Branch, 12th Judicial District Access to Justice Committee - Sealing Criminal Records presentation (Rev. Jan. 2026) (Slide 26: Sealing Criminal Convictions - Not Eligible Exception); C.R.S. Title 42 (Colorado Revised Statutes 2024, official OLLS printout) (§ 42-4-1301(1)(a); § 42-4-1715(1)(b)(I); § 42-4-1715(1)(b)(I)(B); § 42-4-1715(1)(b)(I)(C); +1 more); C.R.S. Title 19 (Colorado Revised Statutes 2024, official OLLS printout) (§ 19-1-306(8)(d))

Remedy

Sealing of conviction records (C.R.S. § 24-72-706); automatic sealing of drug convictions (C.R.S. § 13-3-117(1)(a)); marijuana possession (§ 24-72-706(1)(f)(I)); conduct no longer illegal (§ 24-72-711)

Waiting period

Drug petty offense: 1 year. Drug misdemeanor or level 4 felony under § 18-18-403.5(2.5): 2 years. Other level 4 and all level 3 drug felonies: 3 years. Each runs from the later of final disposition or release from supervision. Automatic sealing: 7 years (petty/misdemeanor) or 10 years (felony) after disposition. Conduct no longer illegal: any time after final disposition or release from supervision, whichever is later.

Drug petty offenses, drug misdemeanors, and level 3 and 4 drug felonies (the usual levels for simple possession) can be sealed by motion after 1–3 years. For a drug petty offense or a marijuana-possession conviction, the court must grant the motion if the person's criminal history shows no conviction since the case ended. Eligible drug convictions are also sealed automatically after 7 years (petty offense or misdemeanor) or 10 years (felony). Convictions for conduct that later became legal can be sealed under § 24-72-711 with no fees, and the DA can object only if it believes the conduct is still illegal.

• ✗Level 1 drug felonies
• ✗Restitution still owed
• ✗Automatic sealing can be blocked by a DA objection (plea condition, pending charge, intervening conviction, or ineligibility)

Sources: C.R.S. Title 24 (Colorado Revised Statutes 2024, official OLLS printout) (§ 24-72-706(1)(b)(I); § 24-72-706(1)(b)(II); § 24-72-706(1)(b)(III); § 24-72-706(1)(f)(I); +5 more); C.R.S. Title 13 (Colorado Revised Statutes 2024, official OLLS printout) (§ 13-3-117(1)(a); § 13-3-117(1)(a)(II)(A); § 13-3-117(1)(a)(II)(B); § 13-3-117(3)(a)(I))

Remedy

Expungement of juvenile delinquency records (C.R.S. § 19-1-306)

Waiting period

None for eligible lower-level cases: the court must order expungement within 42 days after the qualifying event. Law-enforcement contact with no referral: 1 year. Cases not otherwise eligible: 36 months after unconditional release from the juvenile sentence.

Juvenile delinquency records can be expunged. Expunged records are treated as never having existed, and the person may say that no record exists. The court must order expungement within 42 days after a not-guilty finding or full dismissal. It must do the same after completion of a sentence or diversion for a petty offense, class 2 or 3 misdemeanor, or drug misdemeanor that does not involve unlawful sexual behavior, domestic violence, or a Victim Rights Act crime. Other eligible cases, including many felonies, are expunged after the prosecutor and victim get notice, with a hearing if they object. Juvenile expungement petitions have no filing fee.

• ✗Aggravated juvenile offender or violent juvenile offender adjudications
• ✗Homicide and related offenses
• ✗Felony adjudications involving unlawful sexual behavior
• ✗Any offense or infraction under title 42 (traffic)

Sources: C.R.S. Title 19 (Colorado Revised Statutes 2024, official OLLS printout) (§ 19-1-103(63); § 19-1-306(13); § 19-1-306(4)(a); § 19-1-306(4)(a)(III); +8 more); Colorado Judicial Branch JDF 301 - How to Expunge a Juvenile Delinquency Record (Feb. 24, 2025) (JDF 301 p. 3, Fees)