For individuals with a criminal record in Colorado, getting a fresh start often begins with removing that record from public view. Whether it’s for employment, housing, or professional licensing, background checks can become a major obstacle to moving forward. That’s where expungement and sealing come in.
But here’s the truth—these two terms are not interchangeable. In Colorado, they mean very different things, apply to different types of records, and offer different levels of legal protection. Knowing the difference between expungement and sealing can determine whether you're eligible for relief, what steps you need to take, and how effective the process will be in clearing your name.
What Does It Mean to Seal a Criminal Record in Colorado?
Sealing a criminal record in Colorado makes the record invisible to the general public. Once sealed, your record won’t appear in most background checks, and you’re legally allowed to state that the incident never occurred when asked by employers, landlords, or schools.
However, sealing doesn’t mean the record is erased. Certain entities—including law enforcement agencies, courts, and some government licensing boards—may still access sealed records under specific conditions. This distinction matters, especially if you’re pursuing a government job, immigration relief, or a state-issued professional license. Sealing is the most common form of post-case relief in Colorado. You may be eligible to seal your record if:
- You were arrested but never charged
- Your case was dismissed by the court or prosecution
- You were acquitted (found not guilty) at trial
- You completed a deferred judgment or diversion program
- You were convicted of certain non-violent or lower-level offenses, and enough time has passed without any new criminal activity
In 2022, Colorado passed new laws making it easier to seal certain convictions, including some drug felonies, theft offenses, and municipal violations. However, sealing is still unavailable for more serious offenses like DUIs, domestic violence, and crimes of violence.
What Does Expungement Mean in Colorado—and Who Qualifies?
Expungement is a much stronger remedy than sealing. When a record is expunged, it is physically and permanently destroyed. It’s as if the offense never existed—period. Unlike sealed records, expunged records are not accessible to law enforcement, the courts, or any other agency. The legal system treats them as though they were never created.
But expungement in Colorado is rare and limited to very specific situations. Most adult offenses do not qualify. Instead, expungement is typically available in juvenile cases and for certain underage infractions. Examples of expungement eligibility in Colorado include:
- You were arrested or charged as a juvenile and meet the requirements under Colorado Revised Statutes § 19-1-306
- You successfully completed a juvenile diversion or probation program
- You were convicted as a juvenile of a non-violent offense and have not reoffended
- You were under 21 and cited for underage possession or consumption of alcohol or marijuana
In these cases, expungement offers a true clean slate. But for adults, that level of record destruction is usually out of reach. That’s why most people seeking relief in Colorado pursue sealing.
Sealing vs. Expungement: Key Differences You Should Know
To simplify, here’s how the two processes compare in Colorado:
| Feature | Sealing | Expungement |
| Available to adults | Yes (for certain offenses) | Rarely (mostly for minor violations) |
| Available to juveniles | Yes | Yes |
| Removes record from background checks | Yes (public checks only) | Yes |
| Destroys record permanently | No | Yes |
| Accessible to police/courts | Yes (in specific legal scenarios) | No |
| Eligibility based on case outcome | Yes (varies by charge type and outcome) | Yes (but very limited) |
While sealing offers relief in most adult cases, it still leaves a footprint in the legal system. Expungement, on the other hand, offers total deletion—but only for a narrow group of people.
Why the Difference Matters for Your Future
If you're applying for a job, trying to rent an apartment, or applying for college or military service, what shows up on your background check matters. A sealed record will typically not appear in these situations, which is why it's such a powerful tool. But sealing may not be enough in certain high-stakes scenarios, such as immigration interviews, applications for federal security clearances, or licensing for law enforcement or healthcare. In those cases, sealed records may still be reviewed and used in decision-making.
On the other hand, expungement completely removes those barriers—but is far harder to qualify for. The decision to pursue sealing or expungement isn’t just about cleaning up your past. It’s about protecting your ability to grow, work, and participate fully in society.
Contact Datz Law Firm for Help Sealing a Criminal Record
The process for sealing or expunging a record in Colorado can involve complex petitions, filing fees, court appearances, and deadlines. If your petition is incomplete, based on the wrong statute, or filed too early, the judge may deny it outright. An experienced case sealing attorney can:
- Review your entire criminal history and identify what qualifies
- File the correct paperwork with the right court
- Appear at any required hearings on your behalf
- Respond to objections from prosecutors or agencies
You don’t have to figure this out alone—or risk making a mistake that costs you another year of opportunity.
If you're ready to move forward, contact Datz Law Firm. We’ve helped individuals throughout Colorado seal or expunge their records and reclaim control over their futures. We’re ready to help you understand your options and take the next step with confidence.
