Do I Need a Lawyer to Seal My Criminal Record in Colorado
The short answer is no — you are not required to hire an attorney to seal your criminal record in Colorado. As in any court proceeding, you have the right to represent yourself.
That said, whether you should do it yourself is a different question. This post will walk you through exactly what the DIY process involves so you can make an informed decision.
What the Process Actually Involves
Sealing your record in Colorado requires you to complete several distinct steps, each with its own potential pitfalls:
1. Determining Whether Your Record Is Eligible
Not every conviction — or arrest — qualifies for sealing. Colorado law has specific eligibility requirements that vary depending on the type of offense, the disposition of the case, how long ago it occurred, and whether you've completed all terms of your sentence.
Misreading eligibility is one of the most common DIY mistakes. People file motions to seal records that don't qualify and can waste months waiting for a ruling that was never going to go their way.
2. Obtaining Your Records
Before you can file anything, you need a clear picture of what's actually on your record. This means obtaining your Colorado Bureau of Investigation arrest report and your case disposition records from the Colorado court system. Sometimes additional records from specific courts or agencies are also needed.
3. Drafting the Motion to Seal
Colorado has specific statutory processes for record sealing, and your motion needs to comply with the appropriate one. This includes identifying the correct legal basis for sealing, citing the right statute, attaching the required supporting documents, and formatting the motion correctly for the court. You can find the various court forms and instructions here.
4. Filing in the Right Court
Your motion must be filed in the court that handled the original case — not necessarily the court nearest to where you live now. If you have cases in multiple counties, each requires a separate filing in the appropriate jurisdiction.
5. Potential Objections from the Prosecutor
After filing, you or the court will provide a copy of your motion on the prosecutor’s office that handled your case originally. The court will give the prosecutor time — typically around 30 days — to respond. If they object, you'll likely need to appear at a hearing and argue your case before a judge.
6. Attending the Hearing
If your motion is contested, or if the court simply schedules a hearing regardless, you'll need to appear in court and present your case. This is where having no legal experience can put you at a real disadvantage, particularly if the prosecutor or court raises issues you weren’t expecting.
Where People Run Into Trouble
Most unsuccessful DIY record sealing attempts fail for one of these reasons:
• Eligibility errors — filing for a record that doesn't qualify, or failing to identify records that do qualify
• Jurisdiction mistakes — filing in the wrong court
• Incomplete or incorrect motions — missing required elements or attachments
• Unexpected prosecution objections — not knowing how to respond when the prosecutor pushes back
None of these are insurmountable, but each can add months to the process or result in a denial that could have been avoided.
When It Makes Sense to Do It Yourself
The DIY route is most viable when:
• Your case is straightforward — a single arrest, no conviction, or a conviction for a non-violent, minor offense in one jurisdiction
• You have time to research the process thoroughly and handle the paperwork carefully
• The stakes are relatively low — you're not under pressure from an employer or housing application deadline
• You're comfortable navigating the court system and communicating with court clerks and the DA's office
Colorado's courts are generally helpful to self-represented litigants, and for simple cases many people do successfully seal their own records without an attorney.
When It Makes Sense to Hire an Attorney
Consider hiring an attorney when:
• You have multiple cases (particularly in multiple jurisdictions), or a complicated record
• You're not sure whether your record qualifies
• You're facing a deadline — a job offer, housing application, or professional license
• A previous sealing attempt was denied
• Your case involves a domestic violence conviction or other offense likely to draw a DA objection
• You simply don't have the time or bandwidth to manage the process yourself
An experienced record sealing attorney will move through this process faster, catch eligibility issues before they become problems, anticipate likely objections from the prosecutor, and represent you at a hearing if necessary.
The Bottom Line
You can seal your own record in Colorado, and for straightforward cases many people do. The process is manageable if you're organized, patient, and willing to do the research.
If after reading this you'd rather have someone handle it for you — or if you're not sure whether your record qualifies — we offer free consultations at the Law Offices of Joshua Johnson. We'll review your record, tell you exactly what's eligible, and give you an honest assessment of whether hiring an attorney makes sense for your situation.
Call us at (720) 541-8583, email us at josh@johnsonlawllc.com, or use the contact form on our website. We respond same day.