If you've been arrested or charged with assault in Colorado, one of the biggest concerns you probably have is whether it will stay on your record and for how long. A criminal record can affect everything from job opportunities to housing and professional licenses, even if you weren’t convicted. So how permanent is an assault charge in Colorado, and is there any way to get it sealed or expunged?
The answer depends on several key factors, including the outcome of your case, the degree of the assault, and whether you qualify under Colorado’s record-sealing laws. In this blog, we’ll explain how assault charges appear on your record, when they can be removed, and how the criminal defense attorneys at Datz Law Firm in Louisville can help.
Will an Assault Charge Show Up on a Background Check?
Yes — in most cases, assault charges will appear on your criminal record and can be seen in background checks, even if the charges are eventually dropped or dismissed. Arrests, charges, court proceedings, and convictions are all public records unless sealed by court order.
This means that employers, landlords, licensing boards, and others may see that you were charged with assault — regardless of the outcome — unless the case is successfully sealed. In a digital world where background checks are routine, even a dismissed case can hurt your reputation or career.
Can Assault Charges Be Expunged or Sealed in Colorado?
In Colorado, expungement is generally only available for certain juvenile cases and rare situations involving mistaken identity. Most adult criminal records — including assault — cannot be expunged. However, record sealing is possible in some cases, depending on how your case was resolved.
Here’s a breakdown:
- Dismissed Charges: If your assault case was dismissed — either by the prosecutor or through a not guilty verdict — you may be eligible to have the record sealed immediately after the case ends.
- Deferred Judgments: If you completed a deferred judgment and sentence successfully, you may qualify to seal the case after the deferral period ends and the case is closed.
- Convictions: Sealing an actual conviction for assault is much more limited. In general:
- Third-degree assault (Class 1 misdemeanor): You can ask to seal the record three years after completing your sentence only if (a) the district attorney does not object or (b) the judge finds clear-and-convincing evidence that sealing serves the public interest; any case tagged domestic violence is not sealable.
- First- and second-degree assault (felonies) are typically not eligible for sealing, especially if the offense involved violence or resulted in serious bodily injury.
Each case is unique, and eligibility depends on the charges, sentencing, and your criminal history. Our team can review your record and advise whether sealing is possible — and if not, we’ll explore other options to protect your future.
What’s the Difference Between Assault Degrees in Colorado?
The degree of your assault charge makes a major difference not only in potential penalties but also in your ability to seal the record. Here’s how the law breaks it down:
- First-Degree Assault (Felony): Involves intentionally causing serious injury with a deadly weapon or causing permanent disfigurement. Carries a prison sentence of up to 24 years. Not eligible for sealing.
- Second-Degree Assault (Felony): May involve causing injury with intent, using a weapon, or harming a police officer. Also a serious felony. Generally not sealable.
- Third-Degree Assault (Class 1 misdemeanor): This is the only assault conviction that can sometimes be sealed, but only after a 3-year wait and if the district attorney consents or the court finds that continued public access is no longer necessary; cases labeled domestic violence remain permanently public.
If you’re facing charges now, the degree you're charged with can have long-lasting consequences for your record — which is why aggressive legal defense from the start is essential.
How Long Does an Assault Charge Stay on Your Record?
If your case is not sealed, it stays on your record indefinitely. There is no automatic removal or expiration date. That means even a 20-year-old charge can show up on a background check and cause problems when applying for jobs, housing, or professional licenses.
However, if you’re eligible and take steps to seal your record, it will be hidden from public view. Government agencies and law enforcement will still have access to sealed records in most cases, but employers and the general public will not. This can make a huge difference in your ability to move forward after a criminal case.
How to Seal an Assault Charge in Colorado
If you qualify, sealing your record involves filing a petition with the court and notifying the appropriate agencies. The process includes:
- Gathering court records and verifying eligibility
- Filing a petition in the correct court jurisdiction
- Paying court filing fees (waivers may be available for financial hardship)
- Serving the petition on the district attorney’s office
- Attending a court hearing, if required
If the court approves your petition, the record will be sealed and no longer appear in most background checks. However, if your case involved a conviction that is ineligible (such as felony assault), the court will deny the request.
Because the rules are strict and vary by case, working with an attorney experienced in both violent crimes defense and post-conviction relief can help avoid delays and increase your chances of success.
Need Help Clearing an Assault Charge from Your Record?
At Datz Law Firm, we understand the long-term impact an assault charge can have on your life. Whether you're currently facing charges or looking to seal a past record, we’re here to help. Our team in Louisville, Colorado, handles both criminal defense and record sealing, giving you a complete solution to protect your future.
If you're ready to put an assault charge behind you, contact us today for a confidential consultation. We'll explain your options, evaluate your eligibility, and fight for the second chance you deserve.
