Expunging a Felony Charge in Colorado

Colorado felony records may be sealed for acquittals and dismissals.

In Colorado, expunging a felony from your record is possible if the charge was dismissed or you were found not guilty by a judge or jury. Felony records cannot be expunged if you were convicted, except for some drug charges that do not involve the sale, manufacture or distribution of controlled substances and involve a prison term of three years or less. Obtaining an expungement requires filing a civil lawsuit in the county where you were arrested and charged. The Colorado State Judicial Branch has forms for use in expungement cases. Once the expungement order is made, your criminal records relating to the felony charge will be sealed and inaccessible to the public.

Instructions

1. Go to the Colorado State Judicial Branch website and follow the links to the page for "Sealing of Arrest and Criminal Records Forms." Download the forms and instructions for filing a petition to seal your criminal record or get the documents from your county courthouse, which you can find by using the judicial branch website's listing of courts by county.

2. Get copies of your arrest and criminal records so that you have all the relevant case numbers for any report, court file or arrest file. This information is needed to ensure that all records are properly sealed, assuming the court grants your petition. You can get these records by going to the law enforcement agency that arrested you or the court where your case was filed and requesting copies or by submitting a "Public Request For Criminal History Record Information" form to the Colorado Bureau of Investigation (CBI). This form is available from the CBI website and provides the mailing address on the form.

3. Complete the forms required by the court: Petition to Seal Arrest and Criminal Records, Order Denying Petition to Seal Arrest and Criminal Record, Order to Seal Arrest and Criminal Records and Order and Notice of Hearing. Include all required information about the criminal records that you want sealed and name all agencies that have those records. You must sign and date the Petition in the presence of a notary public or before the court clerk when you file it.

4. Bring all completed forms plus copies to the court for filing at the clerk's office. The clerk will receive the original for filing and stamp your copies to indicate the original was filed. Be prepared to pay a filing fee and complete other forms, such as a civil case cover sheet, as may be required. Follow the clerk's instructions regarding service of your petition on the agencies named in the petition. Some courts require the clerk to serve the petition, while others require you to do so. Note the hearing date set by the clerk for your petition to be heard by the judge.

5. Attend the court hearing set for your petition. Anticipate questions from the judge about your criminal record. The judge will most likely rule on your petition at the conclusion of the hearing, so be prepared for it to be granted or denied while you're in court.

Tips & Warnings

• If your felony charges were dismissed as the result of a plea bargain in another case, you must wait 10 years before you can file a petition to seal the record and must not be involved in any other criminal cases during that time.

• If your criminal record involves a controlled substance conviction that can be sealed, there is a separate but similar set of instructions and forms provided by the Colorado State Judicial Branch. This type of petition also requires a 10-year waiting period before it may be filed.

References

• Colorado Judicial Branch: Sealing of Arrest and Criminal Records Forms
• Colorado Judicial Branch: Instructions to File a Petition to Seal Arrest and Criminal Records
• Colorado Judicial Branch: Petition to Seal Arrest and Criminal Records
• Colorado Judicial Branch: Instructions to File a Petition to Seal Criminal Conviction Records For Offenses Involving Controlled Substances
• Colorado Judicial Branch: Petition to Seal Criminal Records of Conviction Involving Controlled Substance

Resources

• Gustafson Law: Colorado Revised Statute 24-72-308
• Gustafson Law: Colorado Revised Statute 24-72-308.5
• Colorado Judicial Branch: Courts by County
• Colorado Bureau of Investigation: Public Request For Criminal History Record Information