Colorado’s record sealing laws are set to change in 2025. Knowing exactly who is eligible for record sealing is the first step toward clearing the path ahead.
For many people with prior criminal cases in Denver, these updates may create new opportunities to keep old records out of public view.
This article explains who qualifies, what records may be sealed or not, and how to move forward with your petition under Colorado law.
What Criminal Record Sealing Means in Colorado
Sealing a criminal record does not erase it. Law enforcement and courts still have access. But landlords, employers, and the general public cannot see the sealed case on most background checks.
That difference can open doors that often stay closed when a record remains visible.
Sealing vs. Expungement
Colorado distinguishes between sealing and expungement. Expungement applies mainly in certain juvenile cases. For adults, the remedy is record sealing, which removes the record from public view but does not wipe it away.
Which Records May Be Sealed
The type of criminal case determines whether it can be sealed and how the process works. Some records are sealed automatically, while others require a petition.
Records that may be sealed:
- Non-conviction records
- Dismissed cases, acquittals, and diversions may qualify for automatic sealing under current and upcoming law
- Courts must seal many of these once notified
- Certain conviction records
- Some misdemeanors and felonies can be sealed after waiting periods if no new convictions occur
- The length of the wait depends on the offense level
- Deferred judgments
- If the case was dismissed after successful completion of a deferred judgment, it may now be sealed under expanded rules taking effect in 2025
- Decriminalized conduct
- Convictions for acts that are no longer criminal may be sealed by motion, sometimes without court costs
The expanded categories show how the law is shifting toward broader relief, but not every offense qualifies.
Records That Cannot Be Sealed
Colorado law also lists records that remain public no matter how much time passes. These are:
- Class 1 felonies
- Serious violent crimes
- Sex offenses subject to registration
- Certain traffic and driving offenses
These exclusions reflect the state’s view that certain offenses should remain accessible in the justice system. Anyone reviewing eligibility must compare their record to these statutory limits.
How Waiting Periods Work
The timing rules differ depending on the offense. Colorado requires a certain number of years without new convictions before you can apply to seal a case.
- Some low-level offenses may be eligible within about a year
- Other misdemeanors may require several years
- Felonies may require longer waiting periods, if sealing is allowed at all
- Serious violent felonies and sex offenses generally cannot be sealed
The waiting period rules have been shortened for some categories under the 2025 changes, reflecting the legislature’s push for earlier relief.
Waiting periods are crucial because filing too early leads to automatic denial. Filing after enough time has passed can result in a successful petition.
The Role of Automatic Sealing
One of the most significant changes under the 2025 law is the expansion of automatic sealing. The state court administrator is now required to compile eligible cases for sealing without petitions.
Automatic sealing applies most often to:
- Dismissals
- Acquittals
- Diversions completed successfully
- Cases dismissed after deferred judgments in certain categories
Even with these automatic provisions, errors occur. Some records are missed or not sealed on time. In those situations, you may need to file your own motion to ensure the record is sealed.
Automatic sealing relieves much of the burden, but it is not a substitute for reviewing your own record.
Petition-Based Sealing
Convictions that are not covered by automatic sealing require a petition. Filing correctly is essential.
Steps for petition-based sealing:
- Collecting certified copies of court records and case dispositions
- Drafting a motion to seal with the legal grounds and waiting periods met
- Serving the motion on the prosecutor’s office
- Allowing prosecutors the chance to object, typically within 45 days
- Attending a hearing if the court requires testimony or evidence
The petition process is detailed. Mistakes in filing or service can delay the case or cause outright denial.
Petition-based sealing gives the court discretion, so preparing a clear record of rehabilitation and time passed is often the difference between approval and denial.
Why Background Checks Still Matter
Even after sealing, certain agencies retain access. Courts, law enforcement, and district attorneys may still see the sealed record.
However, for most employers and landlords, the record disappears from standard background checks.
This change can be significant:
- Job applications that once ended after a background check may now move forward
- Rental opportunities may expand when landlords no longer see old cases
- Licensing boards and regulated professions may still ask questions
Sealing does not erase your past, but it limits how far into your daily life that past can reach.
Key Features of the 2025 Law
The 2025 updates bring several important features:
- Remote hearings for sealing motions are now permitted, making access easier for people across the state
- Defense counsel can review sealed records with the client’s permission for ongoing representation
- More categories of low-level offenses are eligible earlier
- Sealing is now explicitly available for convictions tied to conduct that has since been decriminalized
These changes aim to expand relief and modernize access to the courts.
When You May Be Eligible
Eligibility depends on several factors:
- Type of offense and whether it is sealable under Colorado statutes
- Time passed since completion of sentence and whether waiting periods have run
- Whether new convictions occurred during the waiting period
- Whether the record involves conduct now legal under current law
Each of these determines whether you may qualify to seal your record. Reviewing them together is the only way to know if you are eligible.
Moving Forward with Record Sealing
Colorado’s new 2025 laws expand access to sealing, shorten waiting periods for some, and create automatic relief in many situations. At the same time, limits remain, and some convictions can never be sealed.
Flatiron Legal Advisors, PLLC helps clients review eligibility, prepare petitions, and present clear cases in court. If you believe your record qualifies, we can walk you through each step and protect your interests in the process.
Contact Flatiron Legal Advisors, PLLC to discuss whether your record can be sealed under Colorado’s 2025 laws.
Disclaimer: This post is for informational purposes only and is not legal advice. For advice specific to your situation, consult an attorney licensed in Colorado.
