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automatic sealing of arrests and convictions
Overview of automatic sealing of conviction records
Senate Bill 22-099 provides a path to automatic record sealing. Consumer reporting agencies cannot report sealed records, expunged records, or arrest records with few exceptions (large credit transactions and large insurance policies).
Unfortunately, automatic sealing is not the solution for everyone.
First, there is a substantial delay in the sealing process. The process for misdemeanors and petty offenses will begin in July 2024. The process for felony offenses will begin in July 2025.
Second, the prosecuting attorney can object at times (for example, felony convictions).
Finally, the wait times for automatic record sealing is substantially longer than the wait times for petitioning the court to have a record sealed(for example, 10 years for a felony versus 5 years if you were to petition the court).
Automatic sealing of non-convictions
The court should automatically seal most non-conviction records. This includes:
- If the case was dismissed
- If an acquittal of all charges occurs
- The completion of a diversion agreement (in some cases)
- The completion of a deferred judgement (in some cases)
However, if this does not occur, you can ask the court to have a non-conviction record sealed and you shouldn't have to pay a filing fee for the motion.
Sealing of arrest records
Three potential reasons that arrest records can be sealed when no charges are filed include:
- Completed a diversion agreement(no charges were filed)
- Statute of limitations has expired
- No longer being investigated
A person can petition the court to have these records sealed (and may have to) depending upon the offense.
Automatic Sealing of Arrest Records
2022 & later: C.B.I. will seal arrest records one year after arrest if no charges have been filed.
2019-2021: C.B.I. will seal arrest records without a conviction:
- Felony offenses: 3 years if the statute of limitations is 3 years or less.
- Misdemeanors, petty offenses, civil infractions, municipal ordinance violations: 18 months where the statute of limitations is 18 months or less.
Older arrests without a conviction:
2013-2018: C.B.I. should have sealed by January 1, 2023
2008-2012: C.B.I. will seal arrest records without a conviction by January 1, 2024
2003-2007: C.B.I. will seal arrest records without a conviction by January 1, 2025
1997-2002: C.B.I. will seal arrest records without a conviction by January 1, 2026
1996 & older: C.B.I. will seal arrest records without a conviction by January 1, 2027
The C.B.I. will not seal records for felony offenses where the statute of limitations is greater than three years or where there is no statute of limitations.
When records that will be automatically sealed without petitioning the court.
In general:
A civil infraction conviction will be automatically sealed four years after the final disposition of the case
A petty offense or misdemeanor will be automatically sealed seven years after the final disposition of the case.
An eligible felony will be automatically sealed ten years after the final disposition of the case.
Wait or petition the court
Depending upon the age and nature of your conviction, automatic sealing may be a good route. For example, if it is a single misdemeanor or petty offense conviction outside of the wait times, it might make sense to wait until next year. Otherwise, it might make more sense to petition the court to have the records sealed. However, if you do this you will have to incur the costs associated with the record-sealing process. The filing fee to seal a single case is $65.00 and the filing fee to seal multiple cases is $224.00. There is also a fee to have the record sealed through the Colorado Bureau of Investigation (C.B.I.).