In a move that was hailed as very positive by the Colorado criminal defense bar – the Colorado state legislature moved ALL of Colorado’s laws pertaining to the sealing of criminal offenses into one place in the Colorado Criminal Code.
The bill that accomplished this act also modified the “basic sealing law” to now allow a person to seal a Colorado arrest record if they have not been charged with a crime, the statute of limitations has not run, and the person is no longer being investigated by law enforcement.
To locate and read the following statutes FOLLOW THIS LINK then plug in the statute that governs your situation.
Colorado’s Laws On Sealing And Expunging Records
Except for juvenile records – Colorado only offers the SEALING of criminal records. “Expunging” a criminal record means actually completely destroying those records. On the other hand -“sealing:” a record means making those criminal records inaccessible to private parties.
Again – this is often confused by the public – “expungement” of criminal records involves the removal of the criminal history -while the “sealing” of criminal records involves strictly restricting access to the record.
What follows are the actual Colorado sealing statutes – which can be looked at by anyone using the website link above:
Part 7. CRIMINAL JUSTICE RECORD SEALING
The :”Basic” Colorado Sealing Of Criminal Records Law
Section 24-72-701. Definitions
Section 24-72-702. Sealing of arrest and criminal records other than convictions
Section 24-72-703. Sealing criminal conviction records – advisements – discovery – order applicability – general provisions
Drug Related Convictions
Section 24-72-704. Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2008, and prior to July 1, 2011
Section 24-72-705. Sealing of criminal conviction records information for offenses involving controlled substances for convictions entered on or after July 1, 2011
Victims Of Human Trafficking
Section 24-72-706. Sealing of criminal conviction records information for offenses committed by victims of human trafficking
Theft Of Public Transportation Services
Section 24-72-707. Sealing of criminal conviction records information for offenses involving theft of public transportation services
Sealing Colorado State Petty Offenses and Municipal (City) Offenses
Section 24-72-708. Sealing of criminal conviction records information for petty offenses and municipal offenses for convictions
Posting Revenge Porn – Intimate Pictures of Others
Section 24-72-709. Sealing of criminal conviction records information for posting an intimate photograph of a person on the internet
Here is the CRITICAL NEW LANGUAGE of The “Basic” Sealing Statute – 24-72-602
1) (a) (i) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (a), any person in interest may petition the district court of the district in which any arrest and criminal records information pertaining to the person in interest is located for the sealing of all of the records, except basic identification information, if the records are a record of official actions involving a criminal offense for which the person in interest:
- entered into a diversion agreement pursuant to section 18-1.3-101, CRS ,
- or was not charged and the statute of limitations for the offense for which the person was arrested that has the longest statute of limitations has run,
- or was not charged and the statute of limitations has not run but the person is no longer being investigated by law enforcement for commission of the offense,
- or in any case which was completely dismissed,
- or in any case in which the person in interest was acquitted
Good Luck – H. Michael Steinberg