What is the Difference Between Sealing and Expunging a Criminal Record in Colorado?
Most people use the words 'sealing' and 'expungement' interchangeably — but in Colorado, they are two very different legal processes that apply to very different situations.
In Colorado, record sealing is the common remedy available to most people with criminal records. Expungement is a much narrower process available only in juvenile cases – for offenses that occurred when a person was 17 years old or younger, and that took place in juvenile court.
The Short Answer
If you have an adult criminal conviction in Colorado and you're hoping to clear your record, you need record sealing, not expungement.
What Is Record Sealing?
Record sealing is a court process that removes your criminal record from public view. Once your record is sealed:
• It will not appear on most background checks run by employers, landlords, or licensing agencies
• Law enforcement and certain government agencies can still access it under specific circumstances
• You are generally not required to disclose the sealed record on job applications (with certain exceptions) or housing applications
Colorado has significantly expanded its record sealing laws in recent years, including through the Clean Slate Act, which provides for automatic sealing of certain records. Many convictions for misdemeanors, petty offenses, and some felonies are now eligible for sealing after the required waiting period has passed.
Record sealing does not restore firearm rights for those with felony convictions . This is one of the most common misconceptions we encounter.
What Is Expungement?
Expungement is a much more narrow form of relief — it effectively destroys the record rather than just sealing it from public view. In Colorado, expungement is available only for cases that occurred when a person was 17 years old or younger at the time of the offense and were handled in juvenile court.
Adult convictions are not eligible for expungement in Colorado. This is a hard rule with no exceptions. If you have an adult conviction and someone tells you they can get it expunged, be cautious.
Why Does This Confusion Matter?
Most people who call our office searching for 'expungement' actually need record sealing. They've heard the word expungement used on TV, by friends, or in general conversation — and they assume it means clearing their record, which is exactly what they want.
The confusion becomes a real problem when:
• People file for expungement when they're only eligible for sealing — and get denied
• People assume sealing will restore their gun rights — and are disappointed to learn it won't
• People give up on clearing their record entirely because they've been told they 'can't get it expunged' — when sealing was available all along
Which One Do You Need?
Here's a simple guide:
Record sealing applies if:
• You have an adult conviction
• You were arrested or charged as an adult, but the charges were dismissed or you were acquitted
• You completed a deferred judgment or deferred sentence for an adult offense
• You want to clear your adult record for employment or housing purposes
Expungement applies if:
• You have a juvenile record
Does It Matter What I Call It?
Not when you talk to us. Whether you call it sealing, expungement, clearing your record, or wiping your slate clean — we understand what you're trying to accomplish, and we'll tell you honestly what's available for your specific situation.
What matters is getting the right legal relief for your circumstances — not using the right terminology.
The Bottom Line
In Colorado, record sealing is the remedy for most people with criminal records. Expungement applies narrowly only to juvenile records. If you have an adult conviction and want to clear your record for employment or housing purposes, record sealing is almost certainly what you need.
The best way to know for sure is a free consultation. We'll review your specific record, tell you exactly what's eligible, and walk you through your options — with no obligation and no legal jargon.
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.