Expungement / Record Sealing Petition and Eligibility Memo — Colorado

Expungement / Record Sealing Petition and Eligibility Memo (COLORADO)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [Client Name]
FROM: [Attorney Name], [Firm]
RE: Eligibility for Record Sealing Under Colorado Law (C.R.S. § 24-72-701 et seq.)
DATE: [__/__/____]

1. Executive Summary

Colorado law permits the sealing of most adult criminal records — including arrests without charges, dismissed cases, acquittals, completed deferred-judgment dispositions, and a substantial (and expanding) list of conviction records — through one of two paths:

(a) Automatic sealing under the Colorado Clean Slate framework (SB 22-099 (2022); HB 24-1133 (2024)), which fully took effect July 1, 2025. The Colorado Bureau of Investigation (CBI) identifies eligible records, forwards them to the State Court Administrator, and — absent court objection within 60 days — seals the records without any petition or hearing.

(b) Petition-based sealing under C.R.S. § 24-72-706 (conviction records), § 24-72-704 (arrest and non-conviction records), § 24-72-705 (court's own motion at dismissal/acquittal/successful deferred judgment), and § 24-72-706.3 (municipal records). Petition-based waiting periods are SHORTER than the automatic-process waiting periods, so clients seeking faster relief — or whose records have not yet been swept into the automatic process — should file a petition.

This memo evaluates [Client]'s eligibility, identifies the appropriate filing path, and flags any categorical exclusions.

2. Client Record Summary

3. Categorical Eligibility Screen — Exclusions

Under § 24-72-706(2), the following convictions are CATEGORICALLY INELIGIBLE for sealing and must be screened out before any further analysis:

☐ DUI or DWAI (any offense level)
☐ Any sex offense under § 16-22-102(9)
☐ Any conviction with a domestic violence designation (§ 18-6-800.3)
☐ Class 1, Class 2, or Class 3 felony
☐ Any crime of violence as defined in § 18-1.3-406
☐ Any extraordinary-risk crime under § 18-1.3-401(10)
☐ Any Victim Rights Act crime under § 24-4.1-302
☐ Any special-offender crime
☐ Any child-abuse conviction (§ 18-6-401)
☐ Most traffic offenses (Title 42)
☐ Any drug-distribution or drug-trafficking conviction (only possession-type convictions are eligible)

If any box is checked, sealing under § 24-72-706 is unavailable. Consider whether a gubernatorial pardon, juvenile expungement under § 19-1-306 (if applicable), or mistaken-identity expungement under § 24-72-702 may be available.

4. Waiting-Period Analysis (Petition-Based) — § 24-72-706(1)(b)

The waiting period runs from the LATER of (i) final disposition of all proceedings against the defendant or (ii) release from supervision (probation, parole, mandatory parole, work release, community corrections):

During the waiting period, the petitioner must remain free of new criminal convictions (petty traffic infractions excepted) and have no pending criminal charges at the time of filing.

5. Non-Conviction Records — § 24-72-704 / § 24-72-705

Non-conviction records (arrests with no charges filed, dismissed cases, acquittals, completed deferred judgments resulting in dismissal, completed diversion programs) are eligible IMMEDIATELY upon disposition. Under § 24-72-705, the court may seal these on its own motion. If the court has not done so, the petitioner may file under § 24-72-704.

6. Automatic Sealing Status (Informational)

Even if [Client] is petition-eligible now, the record may also be in the queue for automatic sealing. Practical considerations:

• Automatic-process waiting periods are LONGER (e.g., 4 years for civil infractions; 7 years for misdemeanors; 10 years for eligible felonies — verify current statute).
• If [Client] needs relief for an immediate employment, housing, or licensing application, filing a petition now (rather than waiting for the automatic sweep) is preferable.
• CBI and the State Court Administrator are working through ~2 million historical records incrementally; status pages on the CBI and Colorado Judicial Branch websites are updated periodically.

7. Recommended Path

Based on the foregoing, the recommended path is: ☐ Petition-based sealing under § 24-72-706 — ☐ Wait for automatic sealing — ☐ Non-conviction sealing under § 24-72-704 — ☐ Juvenile expungement under § 19-1-306 — ☐ Mistaken-identity expungement under § 24-72-702 — ☐ Not eligible at this time; revisit after waiting period.

8. Practical Considerations

• Background checks: Sealing removes the record from the CBI public-facing CCIC system and from court searches. Private background-check vendors (FCRA-regulated CRAs) may still hold older snapshots; a dispute letter under 15 U.S.C. § 1681i(a) is often required after sealing.
• Firearms: A sealed Colorado conviction does NOT automatically restore federal firearms rights under 18 U.S.C. § 922(g). Federal restoration requires a pardon or other federal mechanism.
• Immigration: Sealing under Colorado law does NOT eliminate immigration consequences. The conviction remains a "conviction" under 8 U.S.C. § 1101(a)(48) for federal immigration purposes.
• Subsequent unsealing: If [Client] is convicted of a new crime after sealing, the prior sealed record may be unsealed by the court for sentencing or other criminal-justice purposes (§ 24-72-703).
• Disclosure: Once sealed, [Client] may lawfully respond "no record" to most private inquiries (§ 24-72-703(2)(a)). Exceptions: criminal-justice agencies, the court, and bar/law-enforcement licensing applications.

Part B — Petition Template

DISTRICT COURT, [____________] COUNTY, COLORADO
[Court Address]
Case No.: [____________]
Division/Courtroom: [____]

Petitioner: [CLIENT NAME]
Attorney for Petitioner: [ATTORNEY NAME], [Bar No. ______]
[Firm Name, Address, Telephone, Email]

MOTION TO SEAL CRIMINAL CONVICTION RECORDS PURSUANT TO C.R.S. § 24-72-706

Petitioner [CLIENT NAME], by and through undersigned counsel, respectfully moves this Court for an order sealing the criminal conviction records in the above-captioned matter pursuant to C.R.S. § 24-72-706, and in support states:

I. Jurisdiction and Venue

1. This Court has jurisdiction under C.R.S. § 24-72-706(1)(a) as the court in which the conviction records pertaining to Petitioner are located.

2. Venue is proper in [____________] County, Colorado.

II. Identification of Records

3. Petitioner's full legal name: [____________]
4. Date of birth: [__/__/____]
5. Case number: [____________]
6. Date of arrest: [__/__/____]
7. Arresting agency: [____________]
8. Date of final disposition: [__/__/____]
9. Offense(s) of conviction: [____________], in violation of C.R.S. § [__________], a [classification]
10. Sentence imposed: [____________]
11. Date of release from all supervision (probation/parole/mandatory parole): [__/__/____]

III. Custodians of Records to Whom the Sealing Order is Directed

Pursuant to § 24-72-706(1)(c), the following custodians are identified:

☐ Clerk of Court, [_____________] District Court, [_____________] County
☐ Colorado Bureau of Investigation (CBI), 690 Kipling Street, Suite 3000, Lakewood, CO 80215
☐ [Arresting law enforcement agency]
☐ [District Attorney's Office for the ___ Judicial District]
☐ [Detention/jail facility]
☐ Colorado Department of Corrections (if applicable)
☐ [Probation department]
☐ [Other custodians: ____________]

IV. Eligibility — Waiting Period Satisfied

12. The offense of conviction is classified as a [civil infraction / petty / drug petty / class 2-3 misdemeanor / drug misdemeanor / class 1 misdemeanor / class 4-6 felony / level 3-4 drug felony].

13. The applicable waiting period under C.R.S. § 24-72-706(1)(b)([I/II/III/IV]) is [1 / 2 / 3 / 5] year(s).

14. More than [1 / 2 / 3 / 5] year(s) have elapsed since the later of (i) the final disposition of all proceedings against Petitioner ([__/__/____]) or (ii) Petitioner's release from supervision ([__/__/____]).

15. Petitioner has not been convicted of any felony, misdemeanor, or petty offense (excluding petty traffic infractions) during the waiting period.

16. Petitioner has no criminal charges currently pending in any jurisdiction. A verified copy of Petitioner's CBI criminal history record, current through [__/__/____], is attached as Exhibit A.

V. Offense Is Not Excluded Under § 24-72-706(2)

17. The offense of conviction is NOT:

(a) A DUI or DWAI conviction (§ 42-4-1301);
(b) A sex offense under § 16-22-102(9);
(c) A conviction with a domestic violence designation (§ 18-6-800.3);
(d) A class 1, 2, or 3 felony;
(e) A crime of violence under § 18-1.3-406;
(f) An extraordinary-risk crime;
(g) A Victim Rights Act crime under § 24-4.1-302;
(h) A special-offender crime;
(i) A child-abuse conviction;
(j) A traffic offense (other than those expressly eligible);
(k) A drug-distribution or drug-trafficking conviction.

VI. Facts Supporting Sealing

18. Petitioner has demonstrated rehabilitation through the following: [employment history; educational achievements; community involvement; treatment completion; family responsibilities; etc.].

19. The continued public availability of these records causes ongoing adverse consequences to Petitioner including: [denied employment opportunities; denied housing; denied professional licensure; denied educational opportunities; immigration consequences; etc.].

20. Sealing of these records will materially benefit Petitioner without harming the public interest in retention.

VII. Notice to District Attorney

21. A copy of this Motion is being served contemporaneously upon the [___] Judicial District Attorney's Office pursuant to § 24-72-706(1)(a).

VIII. Burden — Contradictory Hearing

22. If the District Attorney objects to sealing, Petitioner will demonstrate by a preponderance of the evidence that the harm to Petitioner's privacy and the adverse consequences resulting from public availability of the records outweigh the public interest in retention.

IX. Relief Requested

WHEREFORE, Petitioner respectfully requests that the Court enter an Order:

A. Granting the Motion to Seal Criminal Conviction Records;
B. Directing each identified custodian to seal the records;
C. Directing that, upon any inquiry by a non-criminal-justice entity, each custodian shall reply that "no such record exists";
D. Preserving the right of criminal-justice agencies, the court, and the District Attorney to access the records as provided by § 24-72-703(2);
E. Granting such further relief as the Court deems just and proper.

Respectfully submitted this [___] day of [__________], 20[__].

[ATTORNEY NAME], Bar No. [______]
[Firm Name]
[Address]
[Telephone] | [Email]
Attorney for Petitioner

VERIFICATION

I, [CLIENT NAME], being first duly sworn, depose and state that I am the Petitioner herein; that I have read the foregoing Motion to Seal Criminal Conviction Records; and that the factual statements therein are true and correct to the best of my knowledge.

_______________________________
[CLIENT NAME]

Subscribed and sworn before me this [___] day of [__________], 20[__].

_______________________________
Notary Public
My commission expires: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing was served via [Colorado Courts E-Filing / U.S. Mail / hand delivery] upon:

• Office of the District Attorney, [___] Judicial District, [Address]
• Colorado Bureau of Investigation, 690 Kipling Street, Suite 3000, Lakewood, CO 80215
• [Arresting Agency]
• [Other custodians as listed in Section III]

_______________________________
[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

☐ Confirm offense classification and verify it is NOT categorically excluded under § 24-72-706(2)
☐ Calculate waiting period from the LATER of final disposition or release from supervision
☐ Confirm waiting period has fully elapsed as of filing date
☐ Order verified CBI criminal history (current through 20 days before filing) — pay applicable fee
☐ Confirm no pending criminal charges in any jurisdiction
☐ Confirm no disqualifying convictions during waiting period (petty traffic OK)
☐ Identify ALL custodians of the record (CBI, arresting agency, court clerk, DA, detention facility, probation, DOC, municipal court if applicable)
☐ Check whether record is already in CBI automatic-sealing queue (status pages: CBI & Colorado Judicial Branch)

Drafting

☐ Caption matches original criminal case (same case number, same court)
☐ Use JDF 417 (conviction sealing) or JDF 477 (non-conviction/arrest) as primary form; supplement with attorney-drafted motion where needed
☐ List each custodian with complete mailing address
☐ Attach verified CBI criminal history as Exhibit A
☐ Attach proof of release from supervision (probation discharge order, parole discharge) as Exhibit B
☐ Include rehabilitation evidence (employment, education, treatment) where DA objection is anticipated
☐ Sign verification before notary
☐ Prepare proposed order

Filing

☐ E-file via Colorado Courts E-Filing in underlying criminal case
☐ Pay filing fee (~$224 conviction; ~$65 non-conviction; $0 mistaken-identity) OR file JDF 205 motion to waive fees if indigent
☐ Serve copy on District Attorney for relevant judicial district
☐ Serve copy on CBI
☐ Calendar 35-day DA-objection deadline
☐ Calendar potential hearing date

Post-Filing

☐ Monitor for DA objection within statutory window
☐ If no objection: monitor for court's sealing order
☐ If objection: prepare for contradictory hearing — gather rehabilitation evidence; subpoena witnesses if needed; prepare proof on preponderance standard
☐ Upon entry of sealing order: serve copies on ALL custodians via certified mail with return receipt
☐ Confirm CBI processing of seal (allow 30-60 days)
☐ Send FCRA dispute letters to any private background-check vendors still reporting the record
☐ Provide client with certified copy of sealing order for personal records
☐ Advise client of (i) right to deny existence of record except as to criminal-justice/court inquiries, (ii) continuing federal firearms disability, (iii) continuing immigration consequences, (iv) risk of unsealing upon future conviction

Sources and References

• C.R.S. § 24-72-701 et seq. (Colorado Sealing of Criminal Justice Records statute): https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.pdf
• C.R.S. § 24-72-706 (sealing of conviction records — waiting periods): https://codes.findlaw.com/co/title-24-government-state/co-rev-st-sect-24-72-706/
• HB 24-1133 (Access to Criminal Records — 2024 amendments): https://leg.colorado.gov/bills/hb24-1133
• SB 22-099 (Colorado Clean Slate Act — 2022): https://leg.colorado.gov/bills/sb22-099
• Colorado Judicial Branch — "Seal My Case" self-help portal: https://www.coloradojudicial.gov/self-help/criminal/seal-my-case
• Colorado Judicial Branch Forms (JDF 417, JDF 477, JDF 205, JDF 612): https://www.coloradojudicial.gov/forms
• Colorado Bureau of Investigation — Sealing/Automatic Sealing Status: https://cbi.colorado.gov/sections/biometric-identification-and-records-unit/criminal-history-checks-and-record-sealing
• Colorado Legislative Council Staff, "Process for Sealing or Expunging Criminal Records" (Oct. 2025): https://content.leg.colorado.gov/sites/default/files/r24-820_update_sealing_and_expunging_criminal_records_memorandum-accessible_1.pdf
• "Automatic Record Sealing in Colorado," The Colorado Lawyer (2025): https://cl.cobar.org/features/automatic-record-sealing-in-colorado/
• Collateral Consequences Resource Center — Colorado Restoration Profile: https://ccresourcecenter.org/state-restoration-profiles/colorado-restoration-of-rights-pardon-expungement-sealing/