Expunge vs. Seal criminal records in Colorado – What’s the difference?

The terms “expunging” and “sealing” are often used interchangeably because both processes lead to the same result: Your criminal record no longer coming up on background checks.

However, expunging is technically different from sealing.

When a criminal record gets expunged in Colorado, it is physically destroyed. There is no trace of the record left for anyone to find.

In contrast, sealing a criminal record merely makes the record invisible on background checks. The record itself remains physically intact.

In Colorado, some criminal records can be sealed, and others can be expunged. Certain records can neither be sealed nor expunged and must remain on your record forever.

The chart below compares and contrasts expungements and seals in Colorado.

COLORADO LAW	Expungement	Sealing
Eligible Crimes	Juvenile records UDD records Criminal arrest records if you were the victim of mistaken identity.	Any offense prosecuted in criminal court that is not listed below
Ineligible Crimes	Adjudications as a violent juvenile offender or an aggravated juvenile offender Traffic offenses and infractions Sex felony offenses Homicide or related offenses	Class 1 felonies Class 2 felonies Class 3 felonies Level 1 drug felonies Sex crimes DUIs Domestic violence convictions Class 1 misdemeanor traffic offenses Class 2 misdemeanor traffic offenses Class A traffic infractions Class B traffic infractions Crimes involving a commercial driver’s license
Waiting Time	No wait to 5 years depending on the case	No wait to 10 years depending on the case
Filing Fees	None	$224 for arrest records where there were no charges $65 to seal a charge or a conviction $235 to seal multiple convictions

Which records can be expunged?

The only records that can be expunged in Colorado are:

• juvenile records,
• underage drinking and driving (UDD) records, and
• arrest records if you were wrongly arrested because of mistaken identity.

Juvenile records

You can petition for an expungement of your juvi records immediately if the charges get dismissed. Otherwise, the wait time to expunge your juvenile records is:

• 1 year after you successfully finish probation or your contact with law enforcement did not lead to a referral to another agency;
• 3 years after you get an unconditional release from parole supervision or from a commitment to the Department of Human Services; or
• 5 years after you get released from your sentence as a repeat offender or mandatory offender.

Click here for instructions on expunging your juvenile delinquency record in Colorado.¹

UDD records

You can petition for an expungement of your underage drunk driving records immediately if the charges get dismissed. Otherwise, UDD convictions are expungeable once you turn 21 years old.

Click here for instructions on expunging your UDD record in Colorado.²

Mistaken identity

If you get arrested because of mistaken identity – and the D.A. never brings charges – the police must ask for an expungement within 90 days of learning of its mistake.³

Which records can be sealed?

Any criminal case in Colorado – no matter how serious – will be sealed right away if it results in a dismissal.⁴ The majority of municipal and misdemeanor crimes committed by victims of human trafficking can be sealed immediately as well.⁵

However, convictions for the following criminal charges can never be sealed from your record:

• Class 1 felonies, class 2 felonies, and class 3 felonies
• Level 1 drug felonies
• Sex crimes
• DUIs
• Domestic violence convictions (including domestic violence harassment)
• Class 1 misdemeanor traffic offenses and class 2 misdemeanor traffic offenses
• Class A traffic infractions and class B traffic infractions
• Offenses involving a commercial driver’s license⁶

The waiting period to seal all other criminal convictions depends on the seriousness of the offense:

 

Colorado conviction	Waiting period for record seal
Petty offense or petty drug offense Underage possession/ consumption of alcohol or marijuana	1 year after the case ends
Multiple eligible petty offenses and/or petty drug offenses Class 2 misdemeanor Class 3 misdemeanor Drug misdemeanor	2 years after the last case ends
Class 4 felony Class 5 felony Class 6 felony Level 3 drug felony Level 4 drug felony Class 1 misdemeanor	3 years after the case ends
Multiple eligible misdemeanors, misdemeanor drug offenses, and/or level 4 drug felonies Level 2 drug felony or any other eligible offense	5 years after the last case ends
Multiple eligible felonies and/or drug felonies	10 years after the last case ends 7

Click here for instructions on sealing your criminal records. See our related article, How much does it cost to seal a record in Colorado?

Related Articles

• Can you seal a felony record in Colorado?
• How long does a DWAI stay on your record in Colorado?
• How can I get an expungement of a domestic violence conviction in Colorado?
• What’s the difference between “sealing” and “expunging” criminal records in Colorado?

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Legal References