FAQ

Expungement vs. Record-Sealing?

These terms have different meanings. Expungement typically means that a criminal record is destroyed, while a sealed record still exists and can be viewed by law enforcement and some employers.

Are expungement and record-sealing laws the same throughout the U.S.? 

NO. Expungement, record sealing, set-asides, and other post-conviction relief policies are VERY different state to state, sometimes even county by county. You should check the status of your state's record clearance law at  the Collateral Consequences Resource Center website.

In general, what types of offenses are eligible for expungement or sealing?

Typically, some misdemeanors and low-level felonies are eligible for relief, but there are many exceptions. Consult the Collateral Consequences Resource Center website to find out what may be eligible for relief in your state.

Can I have my record expunged or sealed if I am currently awaiting sentencing or serving time in prison or jail?

Generally speaking, no. You should check the status of your state's record clearance law at the Collateral Consequences Resource Center website.

CHARGES ABLE TO BE SEALED IN COLORADO:

• In Colorado most convictions from petty offenses to all but serious felonies, including but not limited to drug crimes are sealable including Non-conviction records where charges completely dismissed or person acquitted. Deferred cases are also eligible. 

Level of Offense Eligibility 

• Petty Offense/Drug Petty Offense: 1 year
• M2/M3/Drug Misdemeanor: 2 years
• F4/F5/F6/DF4/DF3/M1: 3 years
• All other offenses: 5 years

Ineligible Offenses 

• Class 1, 2, A or B traffic offenses
• DUI/DWAI
• Child Abuse
• Crimes of Domestic Violence 
• Crimes involving unlawful sexual behavior
• Crimes of Violence
• F1/F2/F3/DF1
• Extraordinary Risk Crimes
• Crimes involving extraordinary aggravating circumstances 
• Identity Theft; Felony Cruelty to Animals; Unlawful Termination of Pregnancy