If your Colorado criminal record is sealed, that means it is not visible to the general public. However, it may be accessed by you, by law enforcement agencies, or by other people who get a court order to see your record.

Even though sealed records do not show up on standard background checks, they might still appear if an employer runs an FBI background check.

FBI background checks (where you give fingerprints) are typically required to apply for jobs at:

• federal government agencies,
• some state and local government agencies,
• the military,
• schools and childcare providers,
• banks, and
• the police department.

However, having a criminal record is not necessarily a bar to working at these institutions. This is especially true if your past conviction was long ago and is not related to the job you are applying for.¹

Why can sealed records show up in FBI background checks?

The FBI is a federal agency and is under no obligation to follow a Colorado court’s “order to seal.” The FBI may as a courtesy seal your record from its National Crime Information Center (NCIC) database – but it does not have to.²

Do sealed records show up if I try to buy a gun in Colorado?

Possibly. When you try to purchase a firearm in Colorado, the seller will request a background check through Colorado’s Firearms InstaCheck Unit. This Unit draws on FBI data, so it could reveal your whole criminal history, whether or not it has been sealed.³

What happens if I get prosecuted for another crime?

The prosecutor can access your record if you have been arrested or are under investigation for a crime. They aim to see whether your past conviction triggers harsher penalties for the current charge.⁴

Example: Mike got a record seal for a past conviction for possessing a wiretapping device in violation of CRS 18-9-302. Then Mike gets arrested again for the same offense.

In Colorado, a second-time offense for possession of a wiretapping device carries stiffer penalties than a first-time offense. So the prosecutor asks that the judge unseal Mike’s past record so that he can be prosecuted as a second-time offender.

Can crime victims unseal criminal records?

In some cases, yes.

For instance, police and prosecutors may give a crime victim sealed copies of police reports and restraining orders if the victim has a lawful need for them. An example is to use the records as evidence in a civil lawsuit against the defendant.⁵

Sealed records can be found on firearm purchase background checks in Colorado.

Can licensing agencies see sealed records?

It depends on the agency. For instance, the Colorado State Bar may be able to access sealed records when considering an applicant’s “character and fitness.”⁶

It is usually in your best interest to be honest on a professional license application and reveal any sealed records. You should also consult with an experienced labor law attorney for guidance in your particular industry.

What about expunged juvenile delinquency records?

Although expunged juvenile records in Colorado do not show up on standard background checks, they are still visible to:

• local law enforcement
• the district attorney
• the Department of Human Services
• the Colorado Judicial Department
• the victim (if any)

However, the U.S. military may not access expunged juvenile records.⁷

Additional Resources

For more information, refer to these official state websites:

• How to Seal Criminal Conviction Records – Colorado Judicial Branch.
• Sealing Your Record: What You Need To Know – Colorado State Public Defender.
• Increased Eligibility For Criminal Record Sealing – Colorado General Assembly.
• Sealing of Criminal Records – Colorado Judicial Committee.
• Court Order Sealing of Arrests – Colorado Bureau of Investigation.

Legal References