What Cases Can’t Be Sealed in Colorado?

Some cases cannot be sealed regardless of the circumstances or the length of time since the case was completed. This is because the legislature has determined that some charges are too serious to be sealed, and the danger of prejudice from the criminal history or charge is outweighed by the public’s right to know.

1. DUI/DWAI convictions cannot be sealed. A person may still petition to seal for DUI or DWAI, assuming they were acquitted (found not guilty at trial) or the DUI/DWAI charge was dismissed completely.
2. All traffic offenses or infractions.
3. A conviction for an offense for which the underlying factual basis involved unlawful sexual behavior
4. Child Abuse convictions.
5. Sentences for a crime involving extraordinarily aggravating circumstances or extraordinary risk crimes.
6. Sentencing for crimes involving a pregnant woman.
7. Drug felony 1 (DF1) involving special offender status.
8. Sentencing for any crime of violence.
9. Sentencing for any felony crime enumerated in the victim’s rights act in CRS 24-4.1-302(1).
10. Sentencing for a felony Cruelty to Animals.
11. Sentencing for an offense classified as a class 1, 2, or 3 felony or a level 1 drug felony (with exceptions for class 3 felonies (F3) involving marijuana or marijuana concentrate prior to October 1, 2013).
12. Sentencing involving Identity Theft.
13. Sentencing involving Pandering (commonly referred to as pimping). 
14. Split pleas – a split plea is taking a plea deal to a deferred judgment on one charge and a straight plea (a plea without a deferred judgment) on another charge. A person under a split plea may or may not be able to seal their records depending upon the circumstances, length of time, whether they waived their right to seal, etc.
15. Civil cases. The Colorado Revised Statutes on sealing do not cover divorce, monetary judgments, and civil restraining orders, but rather, only cover criminal charges.
16. Notwithstanding the provisions of this section, a misdemeanor or petty offense ineligible is eligible for sealing if the district attorney consents to the sealing or if the court finds, by clear and convincing evidence, that the petitioner’s need for sealing of the record is significant and substantial, the passage of time is such that the petitioner is no longer a threat to public safety, and the public disclosure of the record is no longer necessary to protect or inform the public.

We Are Here To Help

The best way to know whether you have a records sealing case is to contact a criminal defense attorney. Call 719-694-0578 to learn more about your options.