Colorado Record Sealing Waiting Periods: How Long Do You Have to Wait Before You Can Seal Your Conviction Record
If you've been researching record sealing in Colorado, you've probably noticed that you can't always file immediately. While most dismissed cases can be sealed immediately, convictions require a waiting period before you're eligible. Here's what you need to know about Colorado's record sealing waiting periods and when the clock starts running.
The waiting periods for sealing Colorado conviction records run from 1-10 years after you complete your sentence — depending on the type of offense and whether you have multiple convictions on your record.
Why Is There a Waiting Period?
Colorado's record sealing laws require that a certain amount of time pass after you complete your sentence before you can petition to have your conviction sealed. The waiting period exists to give prosecutors an opportunity to assess whether you've remained law-abiding since your conviction, and to give courts a basis for evaluating whether sealing serves the interests of justice.
The waiting period doesn't start until your sentence is fully complete — meaning you've finished any probation or parole, paid any restitution, and completed any other court-ordered requirements. If you're still on probation or parole, your waiting period hasn't started yet.
When Does the Waiting Period Start?
This is one of the most common questions we hear. The waiting period begins on the date your sentence is terminated, not the date of your conviction or the date you were released from jail or prison.
For most people, sentence termination happens when:
• Your probation or parole period ends
• You complete any community service or treatment requirements
• The court formally closes your case
If you completed a deferred prosecution or deferred judgment and sentence, your case is eligible as soon as the case is dismissed following successful completion of the deferred period, with no additional waiting period.
Colorado Record Sealing Waiting Periods by Offense Type
The following waiting periods apply from the date your sentence is fully completed:
Petty offenses and petty drug offenses: 1 year
Class 1, 2, and 3 misdemeanors: 2 years
Drug misdemeanors: 2 years
Class 4, 5, and 6 felonies: 3 years
Level 3 and most Level 4 drug felonies: 3 years
All other eligible offenses: 5 years
Dismissed cases and acquittals: No waiting period — eligible immediately
Deferred prosecution or deferred judgment (successfully completed): No additional waiting period — eligible upon dismissal
Not All Convictions Are Eligible for Sealing
Even after the waiting period has passed, certain offenses cannot be sealed under Colorado law regardless of how much time has passed. The list of ineligible offenses is specific and technical — it includes certain violent offenses, sexual offenses, and other serious crimes, with various exceptions and nuances that are difficult to summarize accurately in a brief paragraph.
Because of that complexity, we'll cover ineligible offenses in a separate post. If you're unsure whether your specific conviction qualifies for sealing, the most reliable answer comes from a review of your actual record — which we offer for free in an initial consultation.
What If You Have Multiple Convictions?
The picture is more complicated if you have multiple convictions spread over a number of years. The general rule is that if you completed your sentence in a case, and then later were convicted of another offense, a new waiting period applies to the first case, measured from the date you completed your sentence in the second case. The new waiting period applicable to the earlier case would be as follows:
• Petty and petty drug offenses: 2 years
• Misdemeanors, drug misdemeanors, and Level 4 drug felonies: 5 years
• Felonies and other eligible drug felonies: 10 years
Note that multiple convictions on your record can present other sealing complications not easily summarized in a blog post. If you fall into this category, you should consider seeking legal assistance from a knowledgeable Colorado record sealing attorney.
Does a New Arrest or Conviction Reset the Waiting Period?
Generally, Colorado record sealing eligibility requires that you have no subsequent convictions during the waiting period. A new conviction during your waiting period would reset the clock or affect your eligibility entirely. An arrest and pending case would at the very least delay your sealing efforts — a court will likely not consider a motion to seal if you have an open criminal case pending, though if the pending case were dismissed without a conviction, it would ultimately not affect a previously applicable waiting period.
What About the Colorado Clean Slate Act?
Colorado's Clean Slate Act provides for automatic sealing of certain records — but with longer waiting periods than traditional court-filed petitions. For example, a petty offense that becomes eligible for traditional sealing after one year doesn't become eligible for Clean Slate auto-sealing until 7 years after sentence completion.
If you're eligible to file a traditional motion to seal now, waiting for Clean Slate auto-sealing may mean waiting significantly longer.
How Do You Know When Your Waiting Period Has Passed?
The most reliable way to determine whether your waiting period has run is to:
• Obtain a copy of your CBI arrest record and your court case records
• Identify the date your sentence was terminated for each case
• Calculate whether the applicable waiting period has passed
• Confirm you have no subsequent convictions during the waiting period
This process can be straightforward for simple cases and more complicated for cases involving multiple charges, probation violations, or deferred sentences. An experienced record sealing attorney can review your records and give you a definitive answer quickly.
The Bottom Line
Colorado's record sealing waiting periods vary by offense type and by whether you have multiple convictions. The clock starts when your sentence is fully complete — not when you were convicted or released. If you're not sure whether your waiting period has passed, the best first step is a free consultation where we can review your records and give you a definitive answer.
At the Law Offices of Joshua Johnson, we offer free consultations to review your record and tell you exactly where you stand.
Call us at (720) 541-8583, email us at josh@johnsonlawllc.com, or use the contact form on our website. We respond same day.
Josh Johnson is a Colorado criminal defense and record sealing attorney licensed since 2010, serving clients statewide from his office in Aurora, Colorado.