Can I clear my record in Colorado?

Sealing

Automatic sealing of cases that ended without a conviction

The court and the Colorado Bureau of Investigation (CBI) seal the records, except basic identification information. You and criminal justice agencies may reply to an inquiry that public criminal records do not exist (C.R.S. § 24-72-703(2)(b)). Courts, police, prosecutors and agencies that state law requires to run criminal history checks can still see and use sealed records (§ 24-72-703(2)(a)). Sealed records are not destroyed (§ 24-72-703(4)).^1,2,3

What it's for: Cases that were completely dismissed, acquittals on all counts, and completed diversion agreements or deferred judgments where all counts were dismissed.

Who can use it

• The whole case was dismissed (C.R.S. § 24-72-705(1)(a)(I)).
• You were acquitted of all counts (§ 24-72-705(1)(a)(II)).
• You completed a diversion agreement after a criminal case was filed (§ 24-72-705(1)(a)(III); § 18-1.3-101).
• You completed a deferred judgment and sentence and all counts were dismissed (§ 24-72-705(1)(a)(IV); § 18-1.3-102).
• A conviction the court vacated because you were a victim of human trafficking can be sealed with the same form, JDF 477, which uses the trafficking-survivor sealing procedure in § 24-72-707 for vacated convictions (JDF 477; § 18-1-410.7(5)(b)).
• If a traffic conviction in the same case kept the rest of the case from being sealed, you can ask by motion to seal the non-conviction part (§ 24-72-705(3)).

What doesn't qualify

• Cases where the only charges were class 1 or 2 misdemeanor traffic offenses or class A or B traffic infractions (§ 24-72-703(12)(c)).
• Deferred judgments for traffic offenses by commercial driver's license holders or commercial vehicle operators, and deferred judgments for felonies whose facts involved unlawful sexual behavior (§ 24-72-703(12)(d)).
• Charges dismissed because you were found incompetent to proceed, under §§ 16-8.5-109(4), 16-8.5-113 or 16-8.5-116, as amended by SB 26-149 effective May 21, 2026 (§ 24-72-705(1)(g); § 16-8.5-119(1)(c)). Before that date, the exclusion named only § 16-8.5-116.
• A case dismissed as part of a plea agreement in another case can be sealed only when the case with the conviction becomes eligible (§ 24-72-703(12)(a)(II)).
• Underage alcohol or marijuana cases handled under § 18-13-122(13), which has its own sealing process (§ 24-72-705(1)(f)).
• Any case where you still owe restitution, unless the order was vacated (JDF 491; JDF 477).

How long you have to wait

Happens automatically. The court must order sealing on its own motion at disposition, without any written motion. If it doesn't, CBI seals its record when it receives the disposition (§ 24-72-705(1)). The rule applies retroactively, and the state court administrator was required to compile, by July 1, 2025, a list of completed deferred judgments, acquittals and diversion cases with dispositions before August 2022 and send it to the courts for sealing (§ 13-3-117(5)). That list provision does not separately name dismissals. For crimes listed in the Victim Rights Act, the district attorney may tell the victim first; if the victim objects, the court sets a return date within 35 days (§ 24-72-705(1)(d)).

How to apply

1. Usually nothing. Sealing is supposed to happen automatically when the case ends.
2. If your case wasn't sealed, file JDF 477 (Motion to Seal Non-Conviction Records) in your criminal case. Fill in only the captions of JDF 478, JDF 492 and JDF 493. List every agency with records, including CBI (JDF 491).
3. Mail a copy of the motion to the prosecuting attorney's office.
4. The court may rule on the motion or set a hearing. If the court grants it, the court sends the order to the agencies you listed.

Where to file

The court that handled the criminal case. CBI seals its own record if the court doesn't.

Cost

No fee. If automatic sealing didn't happen, you can file the motion without being charged fees or costs (§ 24-72-705(2)). The Judicial Branch's statewide List of Fees also shows $0 for a § 24-72-705 sealing request.

Court hearing

Sometimes

How long it takes

The court must serve the sealing order within 28 days after disposition (§ 24-72-705(1)(a.5)). After a motion is granted, agencies generally seal records within 30 days of receiving the order (JDF 491).

The law

C.R.S. § 24-72-705

Official forms

• JDF 491 - Guide to Sealing Non-Conviction Records
• JDF 477 - Motion to Seal Non-Conviction Records
• JDF 478 - Order to Seal Non-Conviction Records

Sealing

Sealing of arrest records when no charges were filed

The arrest records are sealed, except basic identification information, with the same effect as other sealing orders: you may reply that public criminal records do not exist, but courts, police, prosecutors and agencies required by law to run record checks can still see them (C.R.S. §§ 24-72-704(4), 24-72-703(2)). If CBI later learns charges were filed, it unseals the record (§ 24-72-704(2)).^1,5,7

What it's for: Arrests that never led to charges being filed in court.

Who can use it

• CBI automatically seals an arrest made on or after January 1, 2022 if no charges are filed within 1 year, and must do so within 60 days after that year passes (§ 24-72-704(2)(a)).
• For arrests after January 1, 2019 and before January 1, 2022, CBI automatically seals the record if no charges were filed within 3 years for a felony with a 3-year limitations period, or within 18 months for a misdemeanor, misdemeanor traffic offense, petty offense, civil infraction or municipal ordinance violation with a limitations period of 18 months or less (§ 24-72-704(2)(b)(I)).
• CBI is sealing older arrests without a conviction in groups by year, with the last group due by January 1, 2027 (§ 24-72-704(2)(b)(IV)).
• You can also petition the court if no charges were filed and you completed a diversion agreement, the statute of limitations has run, or you are no longer being investigated (§ 24-72-704(1)(a)).
• Since July 1, 2025, the court must seal the records on its own motion when the district attorney notifies it that you meet one of those conditions (§ 24-72-704(1.5)).

What doesn't qualify

• CBI's automatic sealing does not cover felony arrests with a limitations period longer than 3 years or no limitations period (§ 24-72-704(2)(b)(V)). Those need a court petition once you qualify.
• CBI seals only records it holds; arrest records held by other agencies need a court order (§ 24-72-704(2)).
• If no charges were filed because of a plea agreement in another case, the arrest can be sealed only when the case with the conviction becomes eligible (§ 24-72-703(12)(a)(II)).

How long you have to wait

Some records clear automatically. CBI seals its own copy of most no-charge arrest records automatically, and since July 1, 2025 the court must seal records on its own motion when the district attorney tells it you qualify (§ 24-72-704(1.5), (2)). Records held by police departments and other agencies need a court order, which you can get by petition.

How to apply

1. Collect the case report numbers, case numbers and arrest numbers, and the mailing address of every agency with your records. A CBI criminal history report can help (JDF 416).
2. Fill out JDF 417 (Petition to Seal Arrest Records) and the captions of JDF 418, JDF 419 and JDF 435.
3. File in your criminal case if one exists, or start a new case in the district court where the records are. Pay the fee, if any, or file JDF 205 (Motion to Waive Fees) and JDF 206.
4. Mail a copy of your forms to each agency listed in the petition.
5. If the petition is sufficient, the court sets a hearing at least 35 days out. If no objection is received 7 days before the hearing, the court cancels it and seals the records (§ 24-72-704(1)(c)(II)).

Where to file

The district court in the judicial district where the records are; you can file in an existing criminal case or start a new district court case (JDF 416).

Cost

Not confirmed for petitions filed now. The Judicial Branch's statewide List of Fees, published January 2025, lists a $224 district court fee for a petition to seal records under § 24-72-704. The court guide revised July 1, 2025 says only that the clerk will tell you the fee, if any (JDF 416). The 12th Judicial District's clinic slides (April 2025) say that fee would no longer apply after July 1, 2025, but the statute itself bars fees only for a motion filed because the court didn't seal the records after a district attorney's notice (§ 24-72-704(1.5)(c)). Ask the clerk before filing.

If you can't pay

You can ask to file without paying. If you can't afford a fee, file JDF 205 (Motion to Waive Fees) and JDF 206 (order) with the petition (JDF 416).

Court hearing

Sometimes

How long it takes

A hearing, if set, is at least 35 days after the court reviews the petition; agencies generally seal records within 30 days of receiving the order (§ 24-72-704(1)(c); JDF 416).

The law

C.R.S. § 24-72-704

Official forms

• JDF 416 - Guide to Sealing Arrest Records (No Charges Filed)
• JDF 417 - Petition to Seal Arrest Records
• JDF 418 - Order to Seal Arrest Records

Sealing

Automatic sealing of older convictions

Same effect as a court sealing order: you may reply that public criminal records do not exist and generally don't have to disclose the record on applications, but courts, police, prosecutors and agencies required by law to run record checks can still see it, and a new conviction unseals it (C.R.S. § 24-72-703(2)). The court does not mail you the order; you can confirm the sealing with the Sealed Case Search and get a copy of the order to send to other record holders, such as private background-check companies (§ 13-3-117(3)(b)).^1,2,10

What it's for: Convictions that could be sealed by motion: civil infractions after 4 years, petty offenses and misdemeanors after 7 years, and felonies after 10 years, with no new conviction in between.

Who can use it

• Drug convictions under article 18 of title 18 that are eligible for sealing under § 24-72-706: petty offenses and misdemeanors after 7 years since the disposition of the case, felonies after 10 years (§ 13-3-117(1)(a)).
• Other convictions eligible for sealing under § 24-72-706, except crimes listed in the Victim Rights Act: civil infractions after 4 years, petty offenses and misdemeanors after 7 years since final disposition, and felonies after 10 years from the later of final disposition or release from supervision (§ 13-3-117(1)(a.5)).
• No intervening conviction during the waiting period, and every charge in the case has a final disposition (§ 13-3-117(1)(b)).
• Non-drug felony convictions have been included in the lists since July 1, 2025 (§ 13-3-117(1)(d)).

What doesn't qualify

• Convictions that can't be sealed by motion under § 24-72-706, such as DUI and DWAI, class 1-3 felonies, crimes of violence, sex offenses and domestic violence (see the motion route below).
• Non-drug convictions for crimes listed in the Victim Rights Act (§ 24-4.1-302(1)), which include assault, menacing, stalking, domestic violence, sexual offenses, robbery and first-degree burglary (§ 13-3-117(1)(a.5); 12th Judicial District clinic materials).
• Convictions a district attorney objects to within 45 days because the plea agreement waived sealing, a charge is pending, there is an intervening conviction, or the conviction is ineligible (§ 13-3-117(3)(a)(I)).
• For non-drug felonies, a district attorney may also object if it has a fact-based belief that the public interest and public safety outweigh your privacy interest; you then get notice and may ask for a hearing (§ 13-3-117(3)(a)(II), (IV)).

How long you have to wait

Happens automatically. The state court administrator compiles eligible convictions every quarter (since July 1, 2024) and sends the lists to district attorneys, who have 45 days to object; civil infractions go straight to the courts with the final list. Courts then enter sealing orders within 14 days of receiving the final list, and the orders go to CBI electronically (§ 13-3-117(1)(d), (2), (3)). The statute required the convictions on the first list to be sealed by July 1, 2024 (§ 13-3-117(1)(c)).

How to apply

1. Nothing to file. To check whether a conviction was sealed under this law, use the Colorado Judicial Branch's Sealed Case Search; only the defendant may use it.
2. If a district attorney objects to a non-drug felony on public-interest grounds, the court mails you a notice and you may request a hearing (JDF 2363). The court then decides under the motion rules in § 24-72-706.
3. If you think a conviction should have been sealed automatically and wasn't, you can file a motion to seal under § 24-72-706; the court must waive the $65 processing fee in that case (§ 24-72-706(1)(h)(II)).

Where to file

Automatic through the State Court Administrator's Office, district attorneys, district and county courts, and CBI.

Cost

No petition or fee.

Court hearing

Sometimes

How long it takes

Lists are compiled quarterly; district attorneys have 45 days to object, and courts enter orders within 14 days after receiving the final list (§ 13-3-117).

The law

C.R.S. § 13-3-117

Official forms

• JDF 2363 - Request for a Hearing (automatic sealing)

Sealing

Motion to seal a conviction (county or district court)

The court orders the conviction records sealed, except basic identification information. Sealing does not vacate the conviction (C.R.S. § 24-72-703(2)(a)(II)). You may reply that public criminal records do not exist, and in answer to questions about sealed records you may say you have not been criminally convicted (§ 24-72-703(2)(b), (2)(d)(I)). Courts, police, prosecutors and agencies required by law to run criminal history checks can still see and use the record, and it is unsealed if you are convicted of a new crime (§ 24-72-703(2)(a)). Records are not destroyed (§ 24-72-703(4)).^1,12,13

What it's for: Petty offenses, most misdemeanors, class 4, 5 and 6 felonies, and level 2, 3 and 4 drug felonies from a county or district court, except the excluded offenses below.

Who can use it

• You may file once the waiting period below has passed, counted from the later of the final disposition of the case or your release from supervision (§ 24-72-706(1)(b)).
• Your Colorado criminal history (current within 20 days of filing) must show no criminal conviction since the case ended or since your release from supervision, whichever is later (§ 24-72-706(1)(c), (1)(f)).
• All court-ordered restitution is paid, or the restitution order was vacated. Unpaid fines, court costs and fees don't count against you (§§ 24-72-706(1)(e), 24-72-703(12)(b)).
• Petty offenses, drug petty offenses and marijuana possession: the court must seal once your criminal history shows no new conviction (§ 24-72-706(1)(f)(I)).
• Class 2 or 3 misdemeanors and drug misdemeanors: the court must seal if the district attorney doesn't object, the offense isn't a Victim Rights Act crime, and you have no new conviction (§ 24-72-706(1)(f)(II)).
• Class 1 misdemeanors, class 4-6 felonies and level 3-4 drug felonies: if the district attorney doesn't object and the offense isn't a Victim Rights Act crime, the court may grant the motion with or without a hearing. For all other eligible offenses, the court holds a hearing (§ 24-72-706(1)(f)(III)-(IV)).
• At a hearing, the court weighs the harm to your privacy and the danger of unwarranted adverse consequences against the public interest, considering the severity of the offense, your criminal history, the number and dates of your convictions, and the government's need to keep the records (§ 24-72-706(1)(g)).
• Narrow exception: a misdemeanor or petty offense on the excluded list may be sealed only if the district attorney consents, or if the court finds by clear and convincing evidence that your need is significant and substantial, you are no longer a threat to public safety, and public disclosure is no longer needed (§ 24-72-706(2)(b)). Felonies on the list can't use this exception.
• Completing a veterans treatment program or a licensed substance use disorder treatment program in the case counts in your favor (§ 24-72-703(10), (10.5)).

What doesn't qualify

• Cases where the only charges were class 1 or 2 misdemeanor traffic offenses or class A or B traffic infractions (§§ 24-72-703(12)(c), 24-72-706(2)(a)).
• DUI, DUI per se and DWAI convictions under § 42-4-1301(1) or (2), except through the misdemeanor exception above (§ 24-72-706(2)(a)(III)).
• Convictions whose facts involved unlawful sexual behavior or domestic violence, and sexual offenses under part 4 of article 3 of title 18 (§ 24-72-706(2)(a)(IV), (VI)(E)-(F)).
• Child abuse (§ 18-6-401), crimes of violence (§ 18-1.3-406), and felonies listed in the Victim Rights Act (§ 24-4.1-302(1)) (§ 24-72-706(2)(a)(V), (VI)(G)-(H)).
• Class 1, 2 and 3 felonies and level 1 drug felonies, except some class 3 marijuana cultivation felonies under older law (§ 24-72-706(2)(a)(VI)(J)).
• Sentences for extraordinary aggravating circumstances, extraordinary risk crimes, crimes involving a pregnant victim, or special drug offenders (§ 24-72-706(2)(a)(VI)(A)-(D)).
• Felony animal cruelty (§ 18-9-202), identity theft (§ 18-5-902(1)), unlawful termination of pregnancy (§ 18-3.5-103(4)-(9)) and pandering (§ 18-7-203) (§ 24-72-706(2)(a)(VI)(I), (L)-(N)).
• Any case where you still owe restitution, unless the order was vacated (§ 24-72-706(1)(e)).
• A case with several convictions, unless every conviction in that case can be sealed (§ 24-72-703(12)(a)(I)).

How long you have to wait

How to apply

1. Check that your conviction can be sealed (JDF 612, section 5) and that your waiting period has passed (JDF 611).
2. Get your Colorado criminal history from CBI at cbirecordscheck.com. It must be current within 20 days of filing and must be filed with the motion or within 10 days after (§ 24-72-706(1)(c)). Some courts may ask for an FBI fingerprint-based report (JDF 611).
3. Fill out JDF 612 (Motion to Seal Conviction Records) and the captions of JDF 613, JDF 614 and JDF 615. List every agency with your records; CBI must be listed.
4. File in your criminal case and pay the $65 processing fee, or file JDF 205 (Motion to Waive Fees) and JDF 206.
5. Mail a copy of the motion to the prosecuting attorney's office.
6. The court may decide without a hearing or set one; you may take part in person or remotely by phone or video (§ 24-72-703(13)).
7. If the motion is granted, the court sends the order to the agencies you listed. You may also send a copy to private record holders such as background-check companies, which must remove the records (§ 24-72-703(8)).

Where to file

The county or district court that handled the case; file the motion in the criminal case (§ 24-72-706(1)(a); JDF 611).

Cost

A $65 processing fee (§ 24-72-706(1)(h); Judicial Branch List of Fees). You also pay for your CBI criminal history report; CBI's name-based Internet check costs $6 (CBI fee schedule). Since July 1, 2024, CBI no longer charges a fee to seal records (CBI).

If you can't pay

You can ask to file without paying. The court must waive the $65 fee if you are indigent, or if your records should have been sealed automatically (§ 24-72-706(1)(h)). A third waiver ground, for motions under the repealed psilocybin provision, was removed by SB 26-169 effective August 12, 2026. Ask by filing JDF 205 (Motion to Waive Fees) and JDF 206 (order) (JDF 611).

Court hearing

Sometimes

How long it takes

Agencies generally seal records within 30 days of receiving the order (JDF 611). If a motion is denied, you generally must wait 12 months before filing again for the same case (§ 24-72-703(3); JDF 611).

The law

C.R.S. §§ 24-72-703, 24-72-706

Official forms

• JDF 611 - Guide to Sealing Conviction Records (single case)
• JDF 612 - Motion to Seal Conviction Records
• JDF 615 - Order to Seal Conviction Records

Sealing

Sealing multiple convictions

Same effect as other conviction sealing orders under C.R.S. § 24-72-703(2): records are sealed except basic identification information, but remain available to courts, police, prosecutors and agencies required by law to run record checks.^1,8,18

What it's for: Convictions in more than one case that can't be sealed under another route because of a later (intervening) conviction.

Who can use it

• Each record would be eligible for sealing except for an intervening conviction (§ 24-72-709(1)(a)).
• Waits are counted from the later of final disposition or release from supervision for the most recent conviction (§ 24-72-709(2)).
• If the highest offense is a petty or drug petty offense, you may have no more than 5 convictions in separate cases; a class 2 or 3 misdemeanor or level 1 or 2 drug misdemeanor, no more than 4 previous convictions in separate cases; a class 1 misdemeanor, class 4-6 felony or drug felony, no more than 3 previous convictions in separate cases (§ 24-72-709(3)).
• Your criminal history must show no conviction since the most recent case ended or your release from supervision, and restitution must be paid (§ 24-72-709(4)).
• An excluded misdemeanor can be sealed with the district attorney's consent or a clear and convincing showing, but no more than one misdemeanor that is a Victim Rights Act crime can be sealed this way (§ 24-72-709(5)(b)).

What doesn't qualify

• The same offenses excluded from the single-case motion, including DUI and DWAI, class 1-3 felonies, level 1 drug felonies, crimes of violence, sexual offenses, domestic violence and child abuse (§ 24-72-709(5)(a)).
• Underage alcohol or marijuana records handled under § 18-13-122(13) (§ 24-72-709(5)(c)).

How long you have to wait

How to apply

1. Get your CBI criminal history report and file within 20 days of it (JDF 640).
2. Fill out JDF 641 (Motion to Seal Multiple Conviction Records) and the captions of JDF 613, JDF 614 and JDF 642, listing every agency with records.
3. If all the cases are in the same jurisdiction, file one motion in one of the criminal cases and identify the other cases by name and number. If they are in different jurisdictions, file a motion in each one with copies of the others (§ 24-72-709(1)(a)).
4. Pay the processing fee or file JDF 205 and JDF 206, and mail a copy to each district attorney.
5. If the district attorney doesn't object and no Victim Rights Act crime is involved, the court may decide with or without a hearing (§ 24-72-709(4)(a)).

Where to file

One of the criminal cases, if all are in the same jurisdiction; otherwise each jurisdiction with a conviction (§ 24-72-709(1)(a)).

Cost

The statute requires 'the processing fee' without restating the amount (§ 24-72-709(4)(a)); the processing fee for a single-case motion is $65 (§ 24-72-706(1)(h)). The 12th Judicial District's clinic slides (April 2025) say the fee is $65 for motions filed in a criminal case after July 1, 2025; before then these were new civil cases with a $224 fee. The statewide guide says the clerk will tell you the fee, if any (JDF 640).

If you can't pay

You can ask to file without paying. File JDF 205 (Motion to Waive Fees) and JDF 206 (order) if you can't afford the fee (JDF 640).

Court hearing

Sometimes

How long it takes

Agencies generally seal records within 30 days of receiving the order (JDF 640).

The law

C.R.S. § 24-72-709

Official forms

• JDF 640 - Guide to Sealing Conviction Records (multiple cases)
• JDF 641 - Motion to Seal Multiple Conviction Records
• JDF 642 - Order to Seal Multiple Conviction Records

Sealing

Sealing municipal (city court) convictions

The municipal conviction records are sealed except basic identification information, with the same effect as other sealing orders under C.R.S. § 24-72-703(2). Sealing does not vacate the conviction, and a new conviction unseals it (JDF 682).^1,5,19

What it's for: Convictions for municipal (city or town) ordinance violations.

Who can use it

• 3 years after the later of final disposition or release from supervision, if you have not been charged with or convicted of a felony, misdemeanor or misdemeanor traffic offense since then (§ 24-72-708(1), (3)(a)).
• If you had one later conviction for a single offense that wasn't a felony and didn't involve domestic violence, unlawful sexual behavior or child abuse, you may file 10 years after the later case ended or your release from supervision, if you've had no felony, misdemeanor or misdemeanor traffic conviction since (§ 24-72-708(2), (3)(b)).
• If the petition is sufficient, the court must grant it unless the prosecution objects; if it objects, the court sets a hearing within 42 days and weighs your privacy against the public interest (§ 24-72-708(5)).
• Restitution must be paid; unpaid fines, costs and fees are not considered (§ 24-72-708(5)(d)).

What doesn't qualify

• Misdemeanor traffic offenses by holders of a commercial driver's license or learner's permit, or by commercial vehicle operators (§ 24-72-708(1)(b)).
• Under the 10-year route, municipal assault or battery or any other municipal violation whose facts involve domestic violence (§ 24-72-708(2)(c)).
• Cases where the only charges were class 1 or 2 misdemeanor traffic offenses or class A or B traffic infractions (§ 24-72-703(12)(c); JDF 682).

How long you have to wait

How to apply

1. Collect case numbers, arrest numbers and the addresses of agencies with your records (JDF 682).
2. Get a CBI criminal history report run no more than 20 days before filing; file it with the petition or within 10 days after (JDF 682).
3. Fill out JDF 683 (Petition to Seal Municipal Conviction Records) and the captions of JDF 684, JDF 685 and JDF 686.
4. File in the municipal court case where you were convicted (you may instead file in the district court for that county), pay the filing fee, and give a copy to the prosecuting attorney (JDF 682).
5. If the prosecution objects, go to the hearing ready to explain why sealing should be granted.

Where to file

Usually the municipal court case where you were convicted; you can also petition the district court in the same county (JDF 682).

Cost

You pay the filing fee required by law (§ 24-72-708(4)). The court guide says to check with the city or municipal court for any fees (JDF 682). The 12th Judicial District's clinic slides (April 2025) say a petition filed in district court instead is opened as a new civil case with a $224 filing fee; the Judicial Branch's statewide List of Fees has no line for municipal sealing petitions, so that figure is not confirmed statewide. The CBI report costs extra.

Court hearing

Sometimes

How long it takes

If the prosecution objects, the hearing is set within 42 days after the motion is filed; agencies generally seal within 30 days of receiving an order (§ 24-72-708(5)(b); JDF 682).

The law

C.R.S. § 24-72-708

Official forms

• JDF 682 - How to Seal Municipal Conviction Records
• JDF 683 - Petition to Seal Municipal Conviction Records

Sealing

Sealing for survivors of human trafficking

The records are sealed with the same effect as other sealing orders under C.R.S. § 24-72-703(2).^1,12,13

What it's for: Misdemeanor and municipal convictions, and prostitution charges or convictions, for offenses committed because the person was being trafficked.

Who can use it

• Any misdemeanor or municipal code violation, at any time after conviction, if you show by a preponderance of the evidence that you were trafficked by another person to commit the offense (§ 24-72-707(1), (3)).
• A prostitution charge or conviction (state or municipal) committed as a direct result of being a victim of human trafficking (§ 24-72-707(1.5)).
• Official documentation from a federal, state, local or tribal agency that you were a trafficking victim at the time creates a presumption in your favor (§ 24-72-707(3)(b)).

What doesn't qualify

• Offenses listed in the Victim Rights Act (§ 24-4.1-302(1)) (§ 24-72-707(1)).
• Felony convictions are not covered by this section's conviction route (§ 24-72-707(1)). A felony committed as a result of being trafficked may instead be vacated (see the vacatur route below).

How long you have to wait

How to apply

1. Fill out JDF 612 (Motion to Seal Conviction Records), marking eligibility under § 24-72-707, and the captions of JDF 613, JDF 614 and JDF 615.
2. File in the criminal case and mail a copy to the prosecuting attorney.
3. Be ready to show that you were trafficked to commit the offense; government documentation helps.

Where to file

The court where the conviction records are, in the criminal case (§ 24-72-707(1)).

Cost

No processing fee (§ 24-72-707(2)).

Court hearing

Sometimes

The law

C.R.S. § 24-72-707

Official forms

• JDF 612 - Motion to Seal Conviction Records

Vacating a conviction

Vacating a conviction for survivors of human trafficking

The court vacates the conviction, which is then treated as vacated because of a substantive defect in the criminal proceedings. The court sends the order to CBI, which removes the conviction from your record, and you can then ask the court to seal the related records (C.R.S. § 18-1-410.7(3)(b), (5)).^1,4,20

What it's for: State and municipal convictions, including felonies, for offenses committed as a result of being a victim of human trafficking, except crimes listed in the Victim Rights Act.

Who can use it

• The offense that led to the conviction was committed as a result of your being a victim of human trafficking (§ 18-1-410.7(1)(a)).
• The route applies to all state and municipal convictions except crimes listed in the Victim Rights Act, § 24-4.1-302(1) (§ 18-1-410.7(1)(b)).
• Official documentation is not required. Documentation from a federal, state, local or tribal government agency that you were a trafficking victim at the time of the offense creates a rebuttable presumption in your favor (§ 18-1-410.7(1)(d)).
• The court vacates the conviction if it finds by clear and convincing evidence that the offense was committed as a result of your being a trafficking victim (§ 18-1-410.7(3)(a)).

What doesn't qualify

• Crimes listed in the Victim Rights Act, § 24-4.1-302(1) (§ 18-1-410.7(1)(b)).
• A conviction where you raised a human trafficking affirmative defense at trial (§ 18-7-201.3 or § 18-3-504(2.5)) and were still convicted (§ 18-1-410.7(1)(c)).

How long you have to wait

How to apply

1. File a motion to vacate the conviction with the court where you were convicted, and serve a copy on the district attorney's or municipal attorney's office that obtained the conviction (§ 18-1-410.7(1)(a)).
2. The prosecutor must respond within 35 days. If it opposes the motion or the court decides a hearing is needed, the court sets a hearing (§ 18-1-410.7(2)).
3. If the conviction is vacated, the court sends the order to CBI. To seal the other related records, file JDF 477 in the case (§ 18-1-410.7(5); JDF 477).

Where to file

The court where the conviction was obtained (§ 18-1-410.7(1)(a)).

Cost

The statute sets no fee for the motion to vacate, and we found no court fee listing for it. Sealing the related records afterward under § 24-72-707 has no processing fee (§ 24-72-707(2)).

Court hearing

Sometimes

How long it takes

The prosecutor must respond within 35 days after receiving the motion (§ 18-1-410.7(2)).

The law

C.R.S. § 18-1-410.7

Official forms

• JDF 477 - Motion to Seal Non-Conviction Records (for sealing related records after a vacatur)

Sealing

Sealing after a pardon

The pardoned conviction records are sealed with the same effect as other sealing orders under C.R.S. § 24-72-703(2).^1,11,21

What it's for: Convictions for which the governor granted a full and unconditional pardon.

Who can use it

• Any time after you receive a full and unconditional pardon (§ 24-72-710(1)).
• The court must order the records sealed unless it finds by clear and convincing evidence that the public interest in access outweighs the harm to your privacy, the danger of adverse consequences, and the intent of the pardon (§ 24-72-710(3)).
• The governor's class pardons for state convictions for possession of 2 ounces or less of marijuana were applied by CBI without an application (CBI).

What doesn't qualify

• Pardons that are not full and unconditional (§ 24-72-710(1)).

How long you have to wait

How to apply

1. Fill out JDF 680 (motion) and the caption of JDF 681 (order).
2. File in the criminal case and give notice to the district attorney.
3. If the district attorney doesn't object and the offense isn't a Victim Rights Act crime, the court may decide with or without a hearing (§ 24-72-710(3)).

Where to file

The court in the case where the conviction records exist (§ 24-72-710(1)).

Cost

No processing fee (§ 24-72-710(2)).

Court hearing

Sometimes

The law

C.R.S. § 24-72-710

Official forms

• JDF 680 - Motion to Seal Conviction Record (pardoned)
• JDF 681 - Order to Seal Pardoned Conviction Records

Sealing

Sealing when the conduct is no longer a crime

The conviction records are sealed with the same effect as other sealing orders, except that a later conviction does not unseal them (C.R.S. § 24-72-711(4)).^1,9,22

What it's for: Convictions for conduct that a later change in state law made legal.

Who can use it

• You may file after the later of the final disposition of the case or your release from supervision (§ 24-72-711(1)).
• The district attorney may object only if it has a good-faith belief that the conduct is still illegal. If there is no objection within 42 days, the court must seal the record regardless of other convictions on your record (§ 24-72-711(3)).
• You don't need to submit a criminal history report (§ 24-72-711(4)).

What doesn't qualify

• Conduct that is still illegal when you file (§ 24-72-711(3)).

How long you have to wait

How to apply

1. Confirm the conduct you were convicted of is no longer prohibited by statute, and get the addresses of every agency with your records (JDF 2370).
2. Fill out JDF 2371 (motion) and the caption of JDF 2374 (order) and file them in your criminal case. There is no filing fee.
3. Mail a copy of the motion to the prosecuting attorney's office.

Where to file

The court in any case with a conviction record for the offense (§ 24-72-711(1)).

Cost

No fees or costs (§ 24-72-711(2); JDF 2370).

Court hearing

Sometimes

How long it takes

The district attorney has 42 days to object (§ 24-72-711(3)).

The law

C.R.S. § 24-72-711

Official forms

• JDF 2370 - Guide to Sealing Conviction Records (conduct no longer prohibited)
• JDF 2371 - Motion
• JDF 2374 - Order

Expungement

Expungement after an arrest based on mistaken identity

The court orders the arrest and criminal records and the arresting agency's other records of the arrest expunged. You and criminal justice agencies may reply that no such records exist. Employers, schools and government agencies may not require you to disclose expunged records, and you may say the arrest never happened (C.R.S. § 24-72-702(3)-(4)).^1,9

What it's for: Arrests made because of mistaken identity where no charges were filed.

Who can use it

• You were arrested because of mistaken identity and no charges were filed (§ 24-72-702(1)(a)).
• Within 90 days after a law enforcement investigation finds the arrest was a mistaken identity, the arresting agency must petition the district court for expungement at no cost to you (§ 24-72-702(1)(b)).
• If the agency doesn't file in time, you may file the petition yourself (§ 24-72-702(1)(b), as amended by HB 24-1133, effective July 1, 2025).

What doesn't qualify

• Arrests where charges were filed; those follow the sealing routes instead (§ 24-72-702(1)(a)).

How long you have to wait

Some records clear automatically. The arresting agency must file the petition for you within 90 days after its investigation finds mistaken identity (§ 24-72-702(1)(b)).

How to apply

1. Ask the arresting agency whether it has petitioned for expungement.
2. If it hasn't within 90 days of its finding, file a petition in the district court for the judicial district where you were arrested.
3. Once the order is entered, give a copy to CBI, each record holder and any private record holders, which must remove the records (§ 24-72-702(2)).

Where to file

The district court in the judicial district where the arrest happened (§ 24-72-702(1)(b)).

Cost

No filing fee and no other fees or costs (§ 24-72-702(1)(b)).

How long it takes

The court orders expungement within 90 days after receiving the petition (§ 24-72-702(1)(c)).

The law

C.R.S. § 24-72-702

Certificate of relief

Order of collateral relief

Does not seal or erase the record. The court can relieve you of specific collateral consequences of a conviction, such as housing or employment barriers or other legal disqualifications that the court lists in the order. CBI notes the order in your criminal record (C.R.S. § 18-1.3-107(3), (7)). The court can later narrow or revoke it, for example after a new conviction (§ 18-1.3-107(6)).²⁰

What it's for: Specific legal barriers that follow a conviction or deferred judgment, such as job, licensing or housing disqualifications.

Who can use it

• You can ask at the time of conviction or any time after; the court can also act on its own (§ 18-1.3-107(1)).
• A deferred judgment counts as a conviction for this purpose (§ 18-1.3-107(8)(c)).
• The court may grant it if it is consistent with your rehabilitation and would improve your chances of reintegrating and is in the public interest (§ 18-1.3-107(6)(a)).

What doesn't qualify

• Anyone convicted of a crime of violence (§ 18-1.3-406), anyone required to register as a sex offender, and anyone convicted of a felony that caused serious bodily injury with permanent impairment (§ 18-1.3-107(4)(b)).
• It can't remove barriers to Department of Education licensure or to jobs with the judicial branch, the Department of Corrections, the Division of Youth Services or any law enforcement agency (§ 18-1.3-107(4)(a)).

How long you have to wait

How to apply

1. File an application in the criminal case stating the grounds, the relief you want and the specific collateral consequence, with a recent criminal history record check. After sentencing, the check must be a CBI fingerprint-based check (§ 18-1.3-107(2)).
2. Within 10 days, send a copy to the district attorney and to any licensing body involved, by certified mail or personal service (§ 18-1.3-107(2)(b)).
3. The court may hold a hearing and hear from victims and others (§ 18-1.3-107(5)).

Where to file

The court that handled the criminal case (§ 18-1.3-107(1)).

Cost

After sentencing, the filing fee required by law plus an additional $30 fee, and the cost of the CBI fingerprint-based check (§ 18-1.3-107(2)(c)).

If you can't pay

You can ask to file without paying. The court must waive the filing fees if it finds you are indigent (§ 18-1.3-107(2)(c)).

Court hearing

Sometimes

The law

C.R.S. § 18-1.3-107