Sealing of arrest records when no charges were filed (C.R.S. 24-72-704) in Colorado: which records can be cleared
What Colorado law lets you clear, record by record.
Checked against official sources: October 25, 2026.
Short answer
In Colorado it is called record sealing: sealing hides your arrest or conviction records from public view. Some misdemeanor and felony convictions may be cleared, and Colorado also clears some records automatically (Automatic conviction sealing).
- Main remedy
- Sealing of arrest records when no charges were filed (C.R.S. 24-72-704)
- What it covers
- Arrests where no charges were filed, including completed pre-filing diversion.
- Ways to clear a record
- 3
- Automatic relief
- Yes
Ways to clear a record in Colorado
Record sealing (expungement for juvenile records and mistaken-identity arrests) — Sealing hides your arrest or conviction records from public view. The records still exist and courts, police, prosecutors and agencies required by law to run background checks can still see them. Sealing a conviction does not vacate it.
Colorado has 3 ways to clear a record. Each covers different records and has its own waiting period.
Sealing of arrest records when no charges were filed (C.R.S. 24-72-704)
Arrests where no charges were filed, including completed pre-filing diversion
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest, no charges filed (court petition) | See the rule You can petition once the statute of limitations has run or police are no longer investigating, or after completing diversion with no charges filed. | When the statute of limitations has run or you are no longer under investigation |
Arrest on or after January 1, 2022, no charges (automatic at CBI) | 1 year The Colorado Bureau of Investigation seals the arrest record automatically if no charges are filed within one year. | Date of arrest |
- Not eligible
- Automatic CBI sealing does not apply to felonies with a statute of limitations over 3 years or no statute of limitations
Law: C.R.S. § 24-72-704
Source: Official text
Sealing of non-conviction records (C.R.S. 24-72-705)
Cases completely dismissed, acquittals on all counts, completed diversion, and completed deferred judgments with all counts dismissed
| Kind of case | Waiting period | Counted from |
|---|---|---|
Dismissed, acquitted, diversion or deferred judgment completed | No waiting period The court seals the record on its own at the time the case ends; if it did not, you can file a motion at any time. | Dismissal or acquittal |
- Not eligible
- Charges dismissed because you were found incompetent to proceed cannot be sealed this way.
Law: C.R.S. § 24-72-705; C.R.S. 16-8.5-109(4), 16-8.5-113 or 16-8.5-116
Source: Official text
Sealing of conviction records (C.R.S. 24-72-706)
Petty offenses, misdemeanors, and felonies except those listed as excluded
| Kind of case | Waiting period | Counted from |
|---|---|---|
Civil infraction, petty offense or drug petty offense | 1 year You can file 1 year after your case ends or your supervision ends, whichever is later. | Final disposition of all proceedings or release from supervision, whichever is later |
Class 2 or 3 misdemeanor, any drug misdemeanor, or a level 4 drug felony under 18-18-403.5(2.5) | 2 years You can file 2 years after your case ends or your supervision ends, whichever is later. | Final disposition of all proceedings or release from supervision, whichever is later |
Class 1 misdemeanor, class 4-6 felony, level 3 or other level 4 drug felony | 3 years You can file 3 years after your case ends or your supervision ends, whichever is later. | Final disposition of all proceedings or release from supervision, whichever is later |
All other eligible offenses | 5 years You can file 5 years after your case ends or your supervision ends, whichever is later. | Final disposition of all proceedings or release from supervision, whichever is later |
- Not eligible
- Class 1 and 2 misdemeanor traffic offenses and class A/B traffic infractions; DUI/DWAI (42-4-1301(1),(2)); offenses involving unlawful sexual behavior; child abuse (18-6-401); domestic violence; crimes of violence; class 1, 2 or 3 felonies and level 1 drug felonies (with narrow old-drug-law exceptions); felony victim-rights crimes; and other offenses listed in 24-72-706(2)(a). An excluded misdemeanor or petty offense can still be sealed if the DA consents or the court makes special findings.
- Limits
- You cannot have been convicted of a new offense since the case ended or supervision ended, and you must not owe restitution (unless the restitution order was vacated). You may file for each case only once every 12 months unless the court allows otherwise. A new conviction after sealing causes the record to be unsealed.
Law: C.R.S. §§ 24-72-706, 24-72-708, 24-72-709; 24-4.1-302(1); C.R.S. 24-72-703(3)
Source: Official text
Clean Slate relief in Colorado
- Law
- Automatic conviction sealing
- What is cleared
- The state court administrator lists eligible convictions and courts seal them without a petition: civil infractions after 4 years, petty offenses and misdemeanors after 7 years from final disposition, and eligible felonies after 10 years from final disposition or release from supervision (whichever is later), if you had no new conviction in that time. Victim-rights crimes are excluded, and the DA can object. Arrests with no charges (CBI, after 1 year) and dismissals/acquittals are also sealed automatically. For arrests from January 1, 2019 to December 31, 2021 with no charges, CBI seals automatically after 18 months (misdemeanors, petty offenses) or 3 years (felonies with a 3-year statute of limitations), and CBI must seal older no-conviction arrest records by January 1, 2027.
- Started
- Drug, misdemeanor and petty offense convictions sealed from July 1, 2024 (quarterly); eligible non-drug felonies added from July 1, 2025
- Check your record
- Official status page
Law: C.R.S. §§ 13-3-117, 24-72-704, 24-72-705; 24-4.1-302(1); C.R.S. 24-72-704(2)(b)
What you can say afterwards
After sealing you may reply that no public criminal records exist and may say you have not been criminally convicted; employers, landlords, government agencies and others may not require you to disclose sealed records in applications or interviews, and may not deny an application only because you refuse to disclose them. Exceptions: courts, police, prosecutors and agencies required by law to run criminal history checks can still see and use sealed records; the bar examiners and the Department of Education (for educators) have special rights to ask. Sealing does not vacate the conviction.
Law: C.R.S. 24-72-703(2)(b), (2)(d)
Records from when you were under 18
The juvenile court must expunge a delinquency case on its own within 42 days after a not-guilty finding, a full dismissal, or completion of the sentence or diversion for a petty offense, class 2 or 3 misdemeanor or level 1-2 drug misdemeanor (not sexual, domestic violence or victim-rights crimes) committed before age 18; other cases can be expunged on a petition (JDF 301, 302). After expungement you may say you have no juvenile record and lawfully deny the arrest or adjudication, though judges, probation and prosecutors can still use it in a later case.
Law: C.R.S. 19-1-306
Marijuana relief in Colorado
The Governor pardoned state convictions for possessing 2 ounces or less of marijuana by executive order (C 2020 004 for 1 ounce or less; C 2021 019 for 2 ounces or less, December 30, 2021) under HB 20-1424; you do not need to apply, and CBI has a form to check if your conviction was missed. A conviction for marijuana possession can also be sealed: the court must seal it once your record shows no new conviction, and you can then use JDF 680 to seal a pardoned conviction.
Law: C.R.S. 24-72-706(1)(f)(I)
Pardons in Colorado
- Who decides
- Governor of Colorado (applications are reviewed by the Executive Clemency Advisory Board, run through the Colorado Department of Corrections)
- How
- Apply to the Governor for clemency; the advisory board reviews the application and sends a recommendation to the Governor. If you receive a full pardon, you can then ask the court to seal the pardoned conviction (JDF 680; C.R.S. 24-72-710).
Law: Colo. Const. art. IV, sec. 7; C.R.S. 16-17-102; C.R.S. 24-72-710
In nearby states
- Wyoming: Expungement
- New Mexico: Expungement
- Utah: Expungement
- Nebraska: Set aside (convictions); sealing (non-conviction records, pardoned convictions)
Your next steps in Colorado
Get your own record
Your record lists each case; you need it to see which remedy fits. Colorado Judicial Branch: Seal My Case and Colorado Judicial Branch: Sealed Case Search.
Count the waiting period
The law sets a wait for each kind of case. Waiting periods.
Ask the court
The court decides each request. How to file.
Get help
Legal aid can help for free: Colorado Legal Services.
Free help in Colorado
Questions about clearing a record in Colorado
What does Colorado call expungement?
Record sealing (expungement for juvenile records and mistaken-identity arrests). Sealing hides your arrest or conviction records from public view. The records still exist and courts, police, prosecutors and agencies required by law to run background checks can still see them. Sealing a conviction does not vacate it.
Which records can be cleared in Colorado?
Sealing of arrest records when no charges were filed: Arrests where no charges were filed, including completed pre-filing diversion. Sealing of non-conviction records: Cases completely dismissed, acquittals on all counts, completed diversion, and completed deferred judgments with all counts dismissed. Sealing of conviction records: Petty offenses, misdemeanors, and felonies except those listed as excluded.
Will Colorado clear my record on its own?
The state court administrator lists eligible convictions and courts seal them without a petition: civil infractions after 4 years, petty offenses and misdemeanors after 7 years from final disposition, and eligible felonies after 10 years from final disposition or release from supervision (whichever is later), if you had no new conviction in that time. Victim-rights crimes are excluded, and the DA can object. Arrests with no charges (CBI, after 1 year) and dismissals/acquittals are also sealed automatically. For arrests from January 1, 2019 to December 31, 2021 with no charges, CBI seals automatically after 18 months (misdemeanors, petty offenses) or 3 years (felonies with a 3-year statute of limitations), and CBI must seal older no-conviction arrest records by January 1, 2027.
What about marijuana convictions in Colorado?
The Governor pardoned state convictions for possessing 2 ounces or less of marijuana by executive order (C 2020 004 for 1 ounce or less; C 2021 019 for 2 ounces or less, December 30, 2021) under HB 20-1424; you do not need to apply, and CBI has a form to check if your conviction was missed. A conviction for marijuana possession can also be sealed: the court must seal it once your record shows no new conviction, and you can then use JDF 680 to seal a pardoned conviction.
Are juvenile records sealed in Colorado?
The juvenile court must expunge a delinquency case on its own within 42 days after a not-guilty finding, a full dismissal, or completion of the sentence or diversion for a petty offense, class 2 or 3 misdemeanor or level 1-2 drug misdemeanor (not sexual, domestic violence or victim-rights crimes) committed before age 18; other cases can be expunged on a petition (JDF 301, 302). After expungement you may say you have no juvenile record and lawfully deny the arrest or adjudication, though judges, probation and prosecutors can still use it in a later case.
Who can still see a cleared record in Colorado?
After sealing you may reply that no public criminal records exist and may say you have not been criminally convicted; employers, landlords, government agencies and others may not require you to disclose sealed records in applications or interviews, and may not deny an application only because you refuse to disclose them. Exceptions: courts, police, prosecutors and agencies required by law to run criminal history checks can still see and use sealed records; the bar examiners and the Department of Education (for educators) have special rights to ask. Sealing does not vacate the conviction.