The record sealing statute in Colorado generally bars the sealing of arrest and criminal records when the defendant was ultimately convicted of the charge, or if there were multiple charges the record cannot be sealed unless all charges were dismissed or the defendant was acquitted of all charges at trial. However, one exception to the general rule precluding the sealing of records of convictions relates to convictions for petty and municipal offenses.
A defendant may petition the district court of the district in which any conviction records pertaining to a petty or municipal offense exist of the petition is filed three or more years after the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision, whichever is later, if:
- The defendant has not been charged or convicted for a felony, misdemeanor, or misdemeanor traffic offense in the three or more years since the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision, whichever is later; and
- The conviction records to be sealed are not for a misdemeanor traffic offense committed by the holder of a commercial learner’s permit or a commercial driver’s license.
Upon filing the petition the defendant is required to pay the required filing fee and an additional filing fee of two hundred dollars to cover the actual costs related to the filing of the petition to seal the records. If the court determines that the petition is sufficient on its face and that no other grounds exist for the court to deny the petition, the court is required to set a hearing and the defendant is required to notify the prosecuting attorney and the arresting agency of the hearing. If the hearing is held and the court finds that the harm to the privacy of the defendant or the dangers of unwarranted, adverse consequences to the defendant outweigh the public interest in retaining the conviction records, the court may order the conviction records (other than basic identification information) to be sealed.