What Does It Mean to Seal Your Criminal Record in Colorado?
One of the most common questions I receive at Christian A. Schwaner, P.C. is whether past criminal charges can be erased or hidden from public view. The answer, in many cases, is yes. Colorado has significantly expanded its criminal record sealing laws in recent years, giving thousands of people in Colorado Springs and across the state a genuine second chance.
As a criminal defense attorney in Colorado Springs with over 20 years of experience, I have helped numerous clients navigate the record sealing process. Whether you were convicted of a misdemeanor, had charges dismissed, or completed a deferred judgment, there may be a path to getting your record sealed. Let me explain how the process works and whether you might qualify.
Colorado Record Sealing vs. Expungement: Understanding the Difference
Many people use the terms “expungement” and “record sealing” interchangeably, but in Colorado they mean different things. Understanding this distinction is crucial for anyone researching how to seal a criminal record in Colorado Springs:
- Record sealing — Your criminal record is hidden from most public background checks. The record still exists but is no longer visible to employers, landlords, or the general public. This is the primary remedy available in Colorado.
- Expungement — The record is completely destroyed. In Colorado, true expungement is generally only available for juvenile records and certain drug offenses under specific conditions.
For most adults in Colorado Springs dealing with past criminal charges, record sealing is the relevant legal process. And thanks to recent legislative changes, more types of convictions are now eligible than ever before.
Who Qualifies to Seal Their Criminal Record in Colorado Springs?
Colorado law now allows record sealing for a broader range of offenses. Here is a breakdown of the main categories and their waiting periods:
- Dismissed cases and acquittals — If your charges were dropped or you were found not guilty, you can petition to seal your record immediately with no waiting period
- Petty offenses and municipal violations — Eligible for sealing after a waiting period of 1 year from final disposition
- Misdemeanor convictions — Most misdemeanors can be sealed 2 years after completing your sentence, including probation
- Class 4, 5, and 6 felony convictions — Many lower-level felonies are now eligible for sealing 3 years after completing your sentence
- Drug convictions — Certain drug offenses have their own sealing provisions with potentially shorter waiting periods
- DUI and DWAI convictions — These are now eligible for sealing under the expanded Colorado law, typically after a waiting period
It is important to note that some offenses remain ineligible for record sealing, including most Class 1, 2, and 3 felonies, sex offenses requiring registration, and domestic violence crimes involving certain aggravating factors. An experienced record sealing attorney in Colorado Springs can evaluate your specific situation and determine your eligibility.
How Sealing Your Record Changes Your Life
The impact of a sealed criminal record cannot be overstated. For many of my clients in Colorado Springs, record sealing has been life-changing. Here is what happens once your record is successfully sealed:
- Employment opportunities open up — Most employers will not see your sealed record on background checks, removing a major barrier to better jobs and career advancement
- Housing access improves — Landlords running background checks will not find your sealed offenses, making it easier to secure quality housing
- Professional licensing becomes possible — Many licensed professions that previously denied applicants with criminal records may now be accessible
- Personal confidence returns — The psychological weight of carrying a criminal record affects everything from relationships to self-worth. Sealing that record provides genuine relief
- Legal right to deny the record — Once sealed, you can legally state that you have not been convicted of that offense on most applications
I have seen clients go from struggling to find basic employment to landing meaningful careers after getting their records sealed. It is one of the most rewarding areas of my practice.
The Record Sealing Process in Colorado Springs: Step by Step
Filing a petition to seal your criminal record in Colorado Springs involves several important steps. While the process may seem straightforward on paper, having an experienced attorney handle it significantly increases your chances of success:
- Step 1: Obtain your criminal history — We pull your complete Colorado Bureau of Investigation (CBI) criminal history to identify all eligible records
- Step 2: Determine eligibility — Each conviction or charge is evaluated against current Colorado sealing statutes to confirm qualification
- Step 3: Prepare and file the petition — The petition must include specific information and be filed in the correct court. Errors in filing can result in delays or denials
- Step 4: Serve notice to the District Attorney — The prosecution has an opportunity to object to the sealing
- Step 5: Court hearing (if required) — In some cases, a judge will hold a hearing to determine whether sealing serves the interests of justice
- Step 6: Order issued and records sealed — Once approved, the court issues an order directing all agencies to seal the relevant records
The entire process typically takes 2 to 4 months, depending on the court’s schedule and whether the District Attorney contests the petition. Having a Colorado Springs defense attorney who regularly handles these petitions can streamline the process significantly.
Why You Need an Attorney for Record Sealing in Colorado
While it is technically possible to file a record sealing petition on your own, I strongly advise against it for several reasons:
- Eligibility is complex — Determining which records qualify requires detailed knowledge of Colorado criminal statutes and recent legislative changes
- Filing errors cause delays — Incorrect paperwork or filing in the wrong court can set your case back months
- DA objections require legal argument — If the prosecution contests your petition, you need an attorney to present persuasive arguments before the judge
- Multiple records require coordination — If you have records in different jurisdictions, each requires its own petition and process
As a former prosecutor, I understand both sides of the courtroom. I know what arguments the District Attorney is likely to raise and how to effectively counter them. This perspective gives my clients a meaningful advantage in the record sealing process.
Recent Changes to Colorado Record Sealing Laws You Should Know
Colorado has been at the forefront of criminal justice reform, and recent legislative sessions have dramatically expanded record sealing eligibility. Key changes include:
- Expanded felony eligibility — More felony convictions now qualify for sealing than at any point in Colorado history
- Reduced waiting periods — The time you must wait after completing your sentence has been shortened for many offense categories
- Automatic sealing provisions — Certain dismissed cases and acquittals may now be sealed automatically without filing a petition
- DUI eligibility — DUI convictions, which were previously excluded, are now eligible for sealing in many circumstances
These changes mean that even if you were told in the past that your record could not be sealed, it is worth revisiting your eligibility under the current law. Many of my clients are pleasantly surprised to learn that offenses they assumed would follow them forever are now sealable.
Take the First Step Toward a Clean Slate
A criminal record does not have to define the rest of your life. If you are wondering whether you can seal your criminal record in Colorado Springs, I encourage you to take advantage of our free consultation. I will review your criminal history, explain your options, and outline a clear path forward.
At Christian A. Schwaner, P.C., I am passionate about helping people move beyond their past and reclaim their futures. Whether you are dealing with an old misdemeanor, a dismissed charge, or a felony conviction that has been holding you back, there may be a solution available to you right now.
Contact us today to schedule your free consultation. Call (719) 577-9700 or fill out our online contact form. Let me put my 20 years of experience to work for you.
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