Automatic Record Sealing in Colorado

December 2025 By Abbey Moffitt Hruby

Colorado is leading a national trend in passing clean slate legislation. This article discusses the requirements and process for automatic record sealing within the state.

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In 2022, Colorado became the seventh state in the nation to pass clean slate legislation, creating automatic record sealing for civil infractions, petty offenses, misdemeanors, and low- to mid-level felonies.1 Two years later, Colorado passed a second clean slate bill that provides additional record-sealing relief, including automatic sealing for certain non-conviction records. Both laws went fully into effect on July 1, 2025.

Before these new laws, except for a limited mechanism for automatic sealing of drug offenses that became law in 2021,2 the only way to seal a record in Colorado was by petition. Prior Colorado Lawyer articles by Judge Gordon P. Gallagher covered significant changes in record-sealing legislation through 2021.3 This article picks up with the most recent updates to Colorado’s record-sealing laws: SB 22-99, passed in 2022,4 and HB 24-1133, passed in 2024.5 The automatic record-sealing process enacted in these bills rolled out in two phases. The first stage went into effect on July 1, 2024, and the second phase became effective on July 1, 2025. The laws created a process for automatic record sealing in Colorado for all eligible offenses without changing the current framework for petition-based sealing. This article examines the recent legislation, the differences between petition-based and automatic sealing, and the impacts for individuals with criminal records.

Background

A report in 2014 indicated that one in three adults in the United States has been arrested by age 23.6 Communities of color, LGBTQ+ individuals, and people with a history of mental illness are disproportionately impacted by criminal records.7 At the time SB 22-99 was passed, three out of ten Coloradans had an arrest or conviction record.8 Record sealing removes stigmas and increases the ability for individuals to secure housing and employment.9 But record sealing doesn’t just benefit the individual. It creates generational change by allowing parents to become employed, secure housing, gain promotions, seek educational advancement, and volunteer for their children’s activities.10

Before 2019, Colorado’s record-sealing laws primarily allowed for sealing of drug convictions, petty and municipal offenses, and charges not resulting in a conviction.11 Colorado significantly expanded record-sealing eligibility for misdemeanor and low- to mid-felony levels in 2019 and 2021.12 SB 22-99 built on that existing framework by creating a process to automatically seal conviction records. Colorado’s clean slate laws followed similar automatic record-sealing policies passed in Pennsylvania, Utah, Connecticut, Michigan, Delaware, and Oklahoma.13 Thirteen states plus Washington, DC, now have some form of clean slate law.14

Petition-based sealing remains an essential path to record-sealing relief, but eligible criminal conviction records will now also be sealed automatically by the courts. The eligibility requirements remain the same for both processes; however, defendants must wait longer to be eligible for automatic sealing. With the creation of the automatic process, an individual seeking relief no longer has to hire an attorney, determine if they are eligible, file the petition, attend a hearing, or send the sealing orders to the appropriate agencies. The court now carries out that process. This relief is expected to automatically seal more than 100,000 existing records in Colorado15 and will continue to help Coloradans for years to come.

Eligibility Criteria

The criteria for automatic sealing are the same as those for sealing a conviction through the petition-based process under Colorado law. Under either process, only a limited number of offenses are eligible to be sealed, as outlined in CRS § 24-72-706(1) and (2)(a). The types of offenses that are eligible are, generally, those that do not have a named victim (e.g., possession of controlled substances, trespassing, and theft convictions). Many offenses are ineligible, including domestic violence; class 1, 2, and 3 felonies; traffic offenses; driving under the influence and driving while ability impaired; Victim Rights Act (VRA) crimes; crimes of violence; extraordinary risk crimes; sexual offenses; special offender crimes; and child abuse.16

To be eligible to have a conviction sealed, a defendant:

• cannot have a subsequent (i.e., intervening) conviction,17
• cannot owe restitution,18
• must wait a period of time after completing their sentence,19 and
• must be seeking the seal of an eligible offense.20

Highlights of the Clean Slate Law Updates

As noted above, the eligibility criteria for sealing a criminal conviction are the same under both processes. But now, eligible records will be sealed automatically, and other barriers to record sealing have been removed.

Key Provisions of SB 22-99

The new provisions passed in 2022 require:

• automatic sealing of eligible civil infractions, petty offenses, misdemeanors (effective July 1, 2024), and low- to mid-level felonies (effective July 1, 2025).21
• removal of fines, fees, and costs as a barrier to sealing (effective August 2022).22
• automatic sealing of non-conviction records at the time of dismissal (upon the court’s own motion) (effective August 2022).23

Key Provisions of HB 24-1133 (Effective July 1, 2025)

This follow-up legislation passed in 2024 expanded on the 2022 law. It provides for:

• automatic sealing of successfully completed deferred judgments, diversion agreements, and complete acquittal cases.24
• the ability to seal records for convictions for conduct that is no longer prohibited (e.g., possession of natural medicine pursuant to CRS § 18-18-434).25
• the ability to seal successfully completed deferred judgments when part of a split plea.26
• cost-saving measures: motions to seal arrest records that should have been automatically sealed under § 24-72-704 (sealing of arrest records when no charges are filed) are now free;27 multiple conviction records in the same jurisdiction can be sealed through one filing;28 and filing fees are eliminated for certain mistaken identity cases.29
• access improvements: remote hearings are allowed for all sealing matters;30 in VRA non-conviction cases in which the victim objects, the defendant is not required to appear at the return date;31 and the defendant’s attorney may access a sealed record with written permission.32

Petition-Based Versus Automatic Record Sealing

The main difference between the two processes is that the waiting periods are longer under the automatic process. Although the automatic process removes many barriers, the petition-based process remains essential because it requires shorter waiting times and allows opportunities to seal records that are otherwise ineligible but fall under the misdemeanor exception.33

Waiting Periods

Through the petition-based process, an individual must wait a specified length of time after the later of the final date of disposition or final release from supervision in their case (in practicality, this is the date of completion of probation or parole, but it could also be resolution of a case through a jail sentence or payment of a fine). The waiting periods are as follows:

• one year for civil infractions, petty offenses, and petty drug offenses.34
• two years for class 2 and 3 misdemeanors, any drug misdemeanor, and a level 4 drug felony under CRS § 18-18-403.5(2.5).35
• three years for class 1 misdemeanors; class 4, 5, and 6 felonies; and class 3 and 4 drug felonies.36
• five years for all other eligible offenses.37

For the automatic process, the waiting periods are significantly longer. To have a record automatically sealed, an individual must wait:

• four years after the final disposition of the case for civil infractions.38
• seven years after the final disposition of the case for misdemeanor and petty offense convictions.39
• 10 years “since the final disposition or release of the defendant from supervision, whichever is later”40 for felonies.

Notably, the waiting period for automatic sealing of records for misdemeanors, civil infractions, and petty offenses is calculated from the “final disposition,” which arguably could be the sentencing date. In contrast, the waiting period for felonies is calculated from the later of the final disposition date or the final release from supervision. Practically, this may mean that the waiting periods are shorter for lower-level offenses, as supervision periods can add years to a sentence.

Hearings

The petition-based process could involve a hearing if determined necessary by the court or if requested by the defendant. In the automatic process, there may be a hearing in felony cases if the district attorney objects to automatic sealing due to public safety concerns.

In any hearing to determine whether records should be sealed, the court must decide whether “the harm of the privacy of the defendant or the dangers of unwarranted, adverse consequences to the defendant outweigh the public interest in retaining public access to the conviction records.”42 Under CRS § 24-72-706, the court must consider, at a minimum, (1) the severity of the offense, (2) the defendant’s criminal history, (3) numbers and dates of convictions the defendant seeks to seal, and (4) a government agency’s need to maintain the records.43 As explained more fully below, individuals seeking seal of certain misdemeanors through the petition-based process must meet additional criteria.

Misdemeanor exception. In the petition-based process, defendants may also seal misdemeanor offenses that are otherwise not eligible under CRS § 24-72-706(1) and (2)(a) (e.g., domestic violence convictions) if the district attorney agrees to sealing the offense before or after filing the petition or if the defendant meets an elevated standard.44 The defendant must show, in their record-sealing petition or at a hearing, by clear and convincing evidence that the need to seal the record is significant and substantial, the passage of time is such that the petitioner is no longer a threat to public safety, and public disclosure is no longer necessary to protect or inform the public.45

In practice, this usually means that the defendant has a very limited criminal history (perhaps the misdemeanor record they are trying to seal is their only conviction record) and that they can document a specific need to have the record sealed, such as the inability to secure a job or housing, pursue educational or volunteer opportunities, secure business or professional licensure, participate in political or civic activities, or achieve professional advancement. According to the National Inventory of Collateral Consequences of Conviction, there are 671 potential collateral consequences of a conviction in Colorado.46 A practitioner should provide supporting documentation of the defendant’s needs to the court, including proof of denials of employment.

One challenge of advocating for sealing a record arises when the defendant does not have definitive proof they have been denied an opportunity specifically because of their record. In reality, an employer does not always inform the defendant they are being denied because of their criminal history. In those situations, depending on the circumstances, a practitioner could argue that the defendant has stopped submitting applications because they already know they will be denied. Thus, while they may not have definitive proof of rejection to submit to the court, they can argue that the criminal record has prevented them from advancement by creating a chilling effect in their desire to pursue new opportunities, or that silence from employers has been due to their record.

Process for Automatic Sealing

The process under the new laws is more “automated” than “automatic,” as it still requires several administrative steps. Each quarter, the State Court Administrator (SCA) compiles a list of eligible conviction records. The list will only include convictions that have full dispositional information available, and it will exclude those that are unable to be verified.47 The SCA then sorts the list by judicial district and separates out the civil infractions. The list of civil infractions is sent directly to the chief judge of each judicial district,48 and the remainder of the list is forwarded to each district attorney. The SCA began compiling the list for petty offenses and misdemeanors on July 1, 2024, and for felonies on July 1, 2025.

The DAs in each jurisdiction may object to the inclusion of a conviction on the list within 45 days.49 For misdemeanors and petty offenses, the DA can object for only four reasons: (1) it was a condition of the plea that the defendant agreed to not have the conviction record sealed; (2) the defendant has a pending criminal charge; (3) the defendant has an intervening conviction; and (4) the conviction is ineligible for sealing.50 For these types of objections, the DA must file a notice with the court in the criminal case, but they do not have to serve the defendant.51

For non-drug felony convictions, the DA can also object for a public safety reason, which is defined as “a reasonable belief, grounded in supporting facts, that the public interest and public safety in retaining public access to the current record or case outweighs the privacy interest of, or adverse consequences to, the defendant.”52 The DA must file a notice with the court that explains the basis for the public safety objection with supporting documents.53 The court must then serve the public safety objection notice on the defendant at the defendant’s last known address, and “explain in plain language that the defendant may request a hearing . . . .”54 Often, however, the defendant’s address has changed in the 10 years that have passed since ending supervision in their felony criminal case, so they may never be aware that their felony conviction was eligible or of the DA’s objection. Defendants should, on their own, use the court’s online Sealed Case Search, as detailed below.

Next, the SCA removes any convictions objected to by the DA, compiles the final list, and sends it to the chief judge for each judicial district.55 The courts must then enter the sealing orders within 14 days.56 A copy of the sealing order is sent to the DA and SCA; however, a copy will not be mailed to the defendant.57

The SCA then sends all sealing orders to the Colorado Bureau of Investigation (CBI) electronically.58 The CBI seals the eligible cases so that the case record and associated arrest record no longer appear on the defendant’s criminal background check. Due to administrative delays, this process remains ongoing for many cases that became eligible for sealing on July 1, 2024.

Defendants can determine whether their conviction has been sealed by completing the Sealed Case Search form at https://www.coloradojudicial.gov/sealed-case.59 To use this form, however, an individual must know their case number, which can present difficulties if significant time has passed since their case was active. Additionally, an individual must have a driver’s license or social security number to access their record.

If an individual does not have their case number or wants to obtain a copy of an Order to Seal, they will need to request their court records from the county in which the case occurred. An individual can do so using the Record/Document Request Form at https://www.coloradojudicial.gov/recorddocument-request-form. They may or may not need a certified copy depending on their circumstances (CBI does not require a certified copy). They should specify in the “Other Documents” section that they are seeking a copy of the Order to Seal, if one exists.

Effects of a Sealed Record

In Colorado, a sealed record is still accessible to the courts, prosecutors, government agencies that are required to conduct a background check, and law enforcement.60 Therefore, even though a government agency’s need to access the record is part of the court’s balancing test in determining whether to seal a record, a practitioner should explain to the client that the government will likely always have access to the record. Sealing a record does not vacate a conviction nor does it have the effect of a pardon. If a defendant is convicted of a new criminal offense after an order sealing conviction records is entered, the court shall order the conviction records to be unsealed.61

Despite those caveats, record sealing still grants significant relief. When a case is ordered sealed, the defendant and all criminal justice agencies may respond that the public criminal records do not exist.62 On applications to employers, landlords, state and local government agencies, or any other entity, an individual is not required to include information about a sealed record and can state that they have not been convicted.63 An application cannot be denied for failure to disclose a sealed record.64

Conclusion

Colorado’s clean slate policies represent a significant expansion of record-sealing relief in the state. The automatic process has reduced procedural barriers, allowing eligible individuals to benefit without navigating the petition-based process or hiring an attorney. While the petition-based process remains essential because it offers shorter waiting periods and opportunities to seal for ineligible misdemeanors, it now exists alongside a broader, more accessible path to relief.

The clean slate statutes enacted in 2022 and 2024 have not only created the automatic process for eligible conviction and certain non-conviction records, but they have also reduced costs for individuals, expanded access to remote hearings, and created further important policy changes. These reforms show a commitment to helping individuals move forward from their criminal records and create new opportunities in employment, education, and housing. Together, these changes mark a new approach to record sealing in Colorado, one that has begun to take shape across the nation.

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